Hi Rajiv
Im in a similar situation. And I believe this is a MAJOR ISSUE THESE DAYS.
I did my masters from US. Now, I'm working with company X as a direct employee on internal project(not a consultant). I came to India and now my present employer(company X) is asking me to wait in India for some time, and they've not given me any particular deadline.
Considering they may not call me back, I'm trying to file H1 through a consulting firm(company Y).
I have 2 options-
1. Go to US, and apply for H1. In that case if an RFE comes in(almost everyone is getting an RFE these days), I don't have the recent pay stubs(for the last 2 months). If I don't have the paystubs it'll put my H1 transfer at risk.
2. I apply for h1b transfer from India itself. There are 2 cases here-
(a) H1 transfer gets accepted. Now, will there be any problem for me in getting H1 stamping as it'll be a consulting firm(company Y)? And after this will I be able to go to US on my present employer's H1(company X)
(b) Transfer gets rejected. After this would I be in the same position as I'm now or would it affect me in anyway? and would my present employer(company X) come to know that I applied for H1 transfer, as that'll put me in a tough situation. I've heard sometimes uscis calls up present employers to confirm employment.
Second case seems better to me, as I don't have the recent pay stubs. What do you think I should be doing in this situation?
Looking forward for your prompt response.
thanks
rohan