URGENT : I have a Question RE: My H1-B Transfer Case

[Lisarai2003]

Indian national on H1B status (programmer) for last 3 years in USA. Worked for Company A on H1, last pay check issued May 3rd week 2002. Current employment letter issued by company in July 2nd week. Till date H1 not cancelled by company A. Company B filed for transfer of my H1 in September 1st week 2002.
Currently working and receiving paychecks from company B from date of filing.INS sent a query 10days ago asking for paychecks from Company A till September 2nd week.
If company B answers query saying that paychecks are not available or if I claim that company A didn't give any pay but kept my employment alive, then what can be INS's response. A friend suggested that I may be considered out of status and will be asked to leave the country and get a new visa. What are the chances of this happening. Will I be denied H1 or will I be given new H1 and asked to leave the country for new stamping. Is Canada, Mexico an option if this happens. Do I have to leave the country immediately or will I have one to two months time.

Please advise. THANKING you in advance.

[saravanans]

As far as I know, I don't think INS would accept the current employment verification letter from Company A. They want current pay stubs from Comp A. Your friend was correct. You would be considered out of status from May 4th week. INS may or may not issue a new visa and definitely you have to leave the country.

Instead why don't you do this? If your Company A's visa is still valid, I think you can be enrolled on company A's payroll and start working again. Later you can think about switching to another company again. Check with your attorney about this before you make any decision.

Good luck,
SAR