H1b transfer to a new employer from India while on vacation in India

[qasimmavani]

Hi Everyone,

I recently came to India to visit my family as my wife was not keeping well. I landed in India on 6th Sept 2013. My employer who runs my payroll is a big consulting firm. Initially my client gave me permission for 3 weeks vacation but because of my wife's health, I had to extend my stay by 3 more weeks. My client didn't like this and terminated my contract. However, I was successful in getting visa stamping by using this clients letter. Now I have a valid I 797 and a visa till March 2016. Since I don't have a project my employer won't runn my payroll if I go to US at this time. My problem is my employer is not able to find me a project. I like this employer but might switch to a new employer who can get me a project soon. Its been more than 6 weeks now since I am in India and it may be a while before I find a new employer who can find me a project.

 

My quetions:

 

1) I have pay stubs till 6th Sept 2013. If suppose I find a new employer in next 1-2 months (say suppose by 6th Dec 2103), would it be possible to transfer my H1b to a new employer if I don't have latest paystubs by 6th Dec?

 

2) Would I require H1B visa stamping again for this new employer?

 

Thanks in Advance

[jairichi]

Hi Everyone,

I recently came to India to visit my family as my wife was not keeping well. I landed in India on 6th Sept 2013. My employer who runs my payroll is a big consulting firm. Initially my client gave me permission for 3 weeks vacation but because of my wife's health, I had to extend my stay by 3 more weeks. My client didn't like this and terminated my contract. However, I was successful in getting visa stamping by using this clients letter. Now I have a valid I 797 and a visa till March 2016. Since I don't have a project my employer won't runn my payroll if I go to US at this time. My problem is my employer is not able to find me a project. I like this employer but might switch to a new employer who can get me a project soon. Its been more than 6 weeks now since I am in India and it may be a while before I find a new employer who can find me a project.

 

My quetions:

 

1) I have pay stubs till 6th Sept 2013. If suppose I find a new employer in next 1-2 months (say suppose by 6th Dec 2103), would it be possible to transfer my H1b to a new employer if I don't have latest paystubs by 6th Dec?

 

2) Would I require H1B visa stamping again for this new employer?

 

Thanks in Advance

1. Yes, it is possible. It will reflect on USCIS system (based on your I94) that you have exited US on 6th Set 2013 and so they would understand why no latest pay stubs are available

2. No, you would need new employer's I797 and current valid H1B visa.

[qasimmavani]

Thank you Jairichi

1. Yes, it is possible. It will reflect on USCIS system (based on your I94) that you have exited US on 6th Set 2013 and so they would understand why no latest pay stubs are available

2. No, you would need new employer's I797 and current valid H1B visa.