H1B transfer while in India without paystub with current employer

[SoftwareEngg]

Scenario: I went to the US in 2008 June on L1-B visa with a company A and worked with them till Oct 2012 (for 4 years and 4 months excluding vacation). In 2012, I have filed H1 petition (L1 to H1 transfer) through company B which was approved and I started working with them from Nov 2012 (till Jan 2013 for 3 months). I came to India for vacation in Feb 2013 where I had to attend visa stamping. I got a query with them. As it didn't get resolved even after months, I had another company C transfer my H1 to them and got visa stamped with company C which is valid till Oct 2014. Now, company has not been marketing due to some internal management issues. I dont have paystubs with company C as I am in India. But I have paystubs with B.

 

Questions:  

1. Can I transfer my H1 to another company (say D) while in India without any pay stubs from C (which holds my current H1 and got my visa stamped through them)

2. If I can transfer, do I need to get my visa stamped again (my current visa with C is valid till Oct 2014)?

3.  I have 1.5 years left on my current H1 limit (out of 6 years of H1 limit). As I have been in India from Feb 2013, if I stay here till Jan 2014, will I regain 6 years of H1? If so, will my current visa be still valid?

 

Thanks for your advice.

 

[t75]

You are not required to have paystubs for time you are in India.

 

My question is why you want to enter again now. You would have been outside the US for over a year in April 2014 and would qualify for an additional 6 years if you postpone your travel until after the next quota filing period.

[pontevecchio]

1. Any interested company can file a non cap H1 petition for you. Stubs are irrelevant.

2. It would be ideal to ask the new company. It would be prudent to get a new stamp.

3. If you find a H1 sponsor willing to file a cap subject H1 petition next April for a start in October, you can get your 6 years back.

[jairichi]

Scenario: I went to the US in 2008 June on L1-B visa with a company A and worked with them till Oct 2012 (for 4 years and 4 months excluding vacation). In 2012, I have filed H1 petition (L1 to H1 transfer) through company B which was approved and I started working with them from Nov 2012 (till Jan 2013 for 3 months). I came to India for vacation in Feb 2013 where I had to attend visa stamping. I got a query with them. As it didn't get resolved even after months, I had another company C transfer my H1 to them and got visa stamped with company C which is valid till Oct 2014. Now, company has not been marketing due to some internal management issues. I dont have paystubs with company C as I am in India. But I have paystubs with B.

 

Questions:  

1. Can I transfer my H1 to another company (say D) while in India without any pay stubs from C (which holds my current H1 and got my visa stamped through them)

2. If I can transfer, do I need to get my visa stamped again (my current visa with C is valid till Oct 2014)?

3.  I have 1.5 years left on my current H1 limit (out of 6 years of H1 limit). As I have been in India from Feb 2013, if I stay here till Jan 2014, will I regain 6 years of H1? If so, will my current visa be still valid?

 

Thanks for your advice.

1. Yes, you can. 

2. No.

3. Nope. You will get 6 years - years spent on L1B and H1B.

[rahul412]

Questions:  

1. Can I transfer my H1 to another company (say D) while in India without any pay stubs from C (which holds my current H1 and got my visa stamped through them)

2. If I can transfer, do I need to get my visa stamped again (my current visa with C is valid till Oct 2014)?

3.  I have 1.5 years left on my current H1 limit (out of 6 years of H1 limit). As I have been in India from Feb 2013, if I stay here till Jan 2014, will I regain 6 years of H1? If so, will my current visa be still valid?

1. If you have worked for C in US then you need pay stubs.

2. No need of new visa if the current one is still valid

3. I guess, yes.