H1B petition withdrawal followed by approval and then transfer

[rajleo19]

Hi,

 

I was working with an company A on H1B (a stamped one on my passport) and lost my job on 4th May 2015. On this same day company A asked USCIS for H1B petition withdrawal. To save sanity of my H1b on 8th May 2015 I found a new employer, company B (a consulting firm), who filed for H1B and I got my EAC receipt on 18th May 2015. I got a RFE in between but my H1B finally got approved with extension (i.e with I94) on 24th June 2015. I started working with company C site on 22nd June 2015 as a contractor i.e on Company B's payroll.

 

Now there is more than a month gap in between pay stubs here, from company A (ended on 4th May) to company B (started on 22nd June). Currently I have only one pay stub from company B. 

 

Now,company C wants to hire me full time and wants to do a H1B transfer from company B as soon as possible.

 

1. Can company C safely initiate H1B transfer right away using only one pay stub from company B?

2. Or, should it wait for around 3-4 pay stubs before doing a transfer? Chance of getting VISA approved is better in option#1 or #2?

3. Attorney in company C is saying, because I was out of status in between it is safest to go for a consular processing, which means I will have to go out of country and re-stamped my VISA, which I am questioning here. I believe once I have a valid VISA and I am in status I don't really need a consular processing and need to go out of country. Am I right here?

4. How being out of status will affect my GC processing in future?

 

Waiting for a reply as soon as possible.

 

Thanks.

[jairichi]

1. Yes.

2. Not required.

3. You are correct. If for some reason I797 does not come with an I94 then exit and enter US with a valid H1B visa and I797 for employment with C.

4. A couple of weeks you are fine.

[rajleo19]

Thanks a lot jairichi. I may have few more questions later but for now I am fine.