H1 to H1 Transfer(has RFE) to H4

[latha789]

With Employer-A:

I am with Employer-A on H1B(i-797)visa from march 2012 to Feb 2015. My paycheck are until May 15,2014 with Employer-A.

 

Employer-B:

I kept H1B Transfer to Employer-B and joined Employer-B on May 19th,2014 after LCA is approved. Now i got an RFE on H1B Process and I gave resignation to Employer-B(for personal reasons)

They run my Paycheck  from May 12th to May 25th as per their pay periods.(they paid from from 19th -25th) but pay check date is from may 12 -may 25th.

 

Questions:

1)What is my present status?(does my H1B with Employer-A is still valid or H1B with Employer-B comes into consideration)

2)what to tell my Employer-B to do with my H1B?(i.e., to cancel or do not respond) will it effect my current status?

3)Can i transfer to H4?(But from who Employer-A or from Employer-B)

4)Do i need paystubs to tranfer to H4?()

 

5)*All the above situations/visas does effect my future H1B/H4/Greencard?*

 

 

 

[jairichi]

 

With Employer-A:

I am with Employer-A on H1B(i-797)visa from march 2012 to Feb 2015. My paycheck are until May 15,2014 with Employer-A.

 

Employer-B:

I kept H1B Transfer to Employer-B and joined Employer-B on May 19th,2014 after LCA is approved. Now i got an RFE on H1B Process and I gave resignation to Employer-B(for personal reasons)

They run my Paycheck  from May 12th to May 25th as per their pay periods.(they paid from from 19th -25th) but pay check date is from may 12 -may 25th.

 

Questions:

1)What is my present status?(does my H1B with Employer-A is still valid or H1B with Employer-B comes into consideration)

2)what to tell my Employer-B to do with my H1B?(i.e., to cancel or do not respond) will it effect my current status?

3)Can i transfer to H4?(But from who Employer-A or from Employer-B)

4)Do i need paystubs to tranfer to H4?()

 

5)*All the above situations/visas does effect my future H1B/H4/Greencard?*

 

 

 

1. Out of status. Ask your employer A if they revoked your H1B petition.

2. You are out of status as you resigned your job. Nothing is going to change whether employer responds or not.

3. Since you are out of status you cannot. Exit and enter with a valid H4 visa and a copy of spouse's I797.

4. At US consulate you do not need to show your pay stubs for H4 visa stamping.

5. Should not be the case as long as you take remedial action soon.

[rahul412]

 

Questions:

1)What is my present status?(does my H1B with Employer-A is still valid or H1B with Employer-B comes into consideration)

2)what to tell my Employer-B to do with my H1B?(i.e., to cancel or do not respond) will it effect my current status?

3)Can i transfer to H4?(But from who Employer-A or from Employer-B)

4)Do i need paystubs to tranfer to H4?()

 

5)*All the above situations/visas does effect my future H1B/H4/Greencard?*

1. If you have stopped working for B then you are currently not on H1.

2.You have nothing to do with B's H1 since you have resigned

3. Yes.

4.Latest paystubs are required

5. I don't think so.

[latha789]

Thankyou Jairichi and Rahul for responding.

1)My Employer-A did not revoke my H1B. Is my H1B with Employer-A still valid to work? what could be my status now?

2)How do i deal with paycheck that is run by Employer-B. Does it effect in any way for present and future.

3)For H4 transfer which paystub do i have to use.(Emplyer-A paystub or Employer-B paystub).

4)Is it really necessary that i should leave the country and reenter for H4?

Your response is greatly appreciated.Thanks.

[jairichi]

1. Ask your employer A whether they are willing to take you back as they have not revoked your H1B.

2. Should not be an issue. Joining an employer based on LCA is wrong.

3. Lastest 3 pay stubs.

4. If COS is denied the answer is YES.