8th Year of H1B (I140 extension in 2012), Out of Status for 3 Months, New Job

[joeforeigner]

I am on an H1B since 2006. In 2012, after my I140 was approved, my H1B was extended until 2015. The H1B stamp in my passport and the I94 are both for 2015.

 

For the last three months, I am on a unpaid leave of absence with my current employer. As a result, I do not have any pay slips for June, July and August 2013. Based on the responses on this forum, it appears that I will be considered out of status.

 

I have found a new employer and will be filing for a new H1B with them. From my research, it seems that I should be filing for consular processing, since transfer requires current payslips. My questions are:

 

1. Is my new H1B still cap exempt or can I only file in April 2014?

2. Is there a chance my new H1B can be rejected for not having pay slips?

 

 

[pontevecchio]

1. Cap exempt.

 

2. Probably not if you leave and get the H1 visa.

 

3. Is your current employer your GC sponsor?

[joeforeigner]

@pontevecchio,

 

Thanks for your response. They are incredibly useful.

 

1. Great!

 

2. Will I need to get a new visa stamped or I can simply fly out and come back in through the port of entry with my existing H1B visa stamp, which is valid until 2015?

 

3. My current employer is indeed my GC sponsor. Is this going to affect my GC processing in the future when I apply for the GC again with my new employer?

[pontevecchio]

Once you come back on the H1 visa past OOS issues will not matter. I would first get a 3 year H1 extension approved and after leaving inform the DOL about your previous employer. Maybe better yet discuss the matter with a Lawyer first.