I am an Indian citizen and have just completed my MBA last spring. I was just wondering if I can get some guidance from you regarding visa issues. I was on F1 visa during my MBA and have been on OPT (Optional Practical training) since then which is valid for 1 year (May, 09).
Also I was sponsored by a company for my work authorization and have got H1-B visa as well which have started from Oct 1st. the firm is a consulting firm which places it's employees on client projects. I have a I-797 form with me which is the notice of approval of my H1-B visa with that firm. Also attached with I-797 is my new I-94 as well.
Now as from Oct1st my visa started, I have some doubts/queries regarding the same:
My employer is not ready to put me on pay roll since I am still on bench and he is not able to find a project for me as of now. I wanted to know if it's mandatory for me to be on a payroll once my H1-B visa starts from Oct1st and if yes would I loose my visa status if he doesn't give me any pay?
Is their a provision of "Leave without pay" so that he doesn't have to pay me till the time I am not on a project and I can still have a valid visa status.?
Is it the case that from Oct1st I will loose my OPT status and would be automatically transferred to H1 status. If yes, would it be possible for me to come back to my OPT status if my H1 status is revoked in above mentioned situation.?
If my H1 status is revoked and I apply next year for the H1-B visa would my application be a part of lottery again (the cap of 20K for masters)?
Do I require pay stubs from my existing employer to transfer my visa if I join another company with in the month of October?
Would I be requiring pay stubs to get my H1-B visa stamped if I want to leave the country and come back after stamping?
Also one last question and very important for me is that I have an employer who is ready to transfer my visa but he is paying me a lower salary then what my existent employer has shown on my current H1-B petition. Can an H1 transfer be possible on a lower salary compared to what you are getting now?
Do I have a risk of getting it cancelled and loosing my visa status?
How long does it takes to get the new 1-797 (approval notice) in case of visa transfer. i know it takes 1 week to get the receipt.
Also i have to go back to india in end of november. I still haven't stamped my visa from my current employer. I am also starting this visa transfer process from this week onwards. please guide me how should i proceed with this, what all documents do i need to have before i should leave and ensure that i can get back into US afterwards. I need to transfer my visa as well. Should i wait for the approval notice and then leave or can i leave, get the visa stamped in INDIA based on previous employers I-797 and come back to US to start working for the new company.?
I would really appreciate if you can throw some light on the above mentioned issues and guide me what best can I do in this situation.
I would be really grateful for your help and guidance.
regards
Samiboy
Also I was sponsored by a company for my work authorization and have got H1-B visa as well which have started from Oct 1st. the firm is a consulting firm which places it's employees on client projects. I have a I-797 form with me which is the notice of approval of my H1-B visa with that firm. Also attached with I-797 is my new I-94 as well.
Now as from Oct1st my visa started, I have some doubts/queries regarding the same:
My employer is not ready to put me on pay roll since I am still on bench and he is not able to find a project for me as of now. I wanted to know if it's mandatory for me to be on a payroll once my H1-B visa starts from Oct1st and if yes would I loose my visa status if he doesn't give me any pay?
Is their a provision of "Leave without pay" so that he doesn't have to pay me till the time I am not on a project and I can still have a valid visa status.?
Is it the case that from Oct1st I will loose my OPT status and would be automatically transferred to H1 status. If yes, would it be possible for me to come back to my OPT status if my H1 status is revoked in above mentioned situation.?
If my H1 status is revoked and I apply next year for the H1-B visa would my application be a part of lottery again (the cap of 20K for masters)?
Do I require pay stubs from my existing employer to transfer my visa if I join another company with in the month of October?
Would I be requiring pay stubs to get my H1-B visa stamped if I want to leave the country and come back after stamping?
Also one last question and very important for me is that I have an employer who is ready to transfer my visa but he is paying me a lower salary then what my existent employer has shown on my current H1-B petition. Can an H1 transfer be possible on a lower salary compared to what you are getting now?
Do I have a risk of getting it cancelled and loosing my visa status?
How long does it takes to get the new 1-797 (approval notice) in case of visa transfer. i know it takes 1 week to get the receipt.
Also i have to go back to india in end of november. I still haven't stamped my visa from my current employer. I am also starting this visa transfer process from this week onwards. please guide me how should i proceed with this, what all documents do i need to have before i should leave and ensure that i can get back into US afterwards. I need to transfer my visa as well. Should i wait for the approval notice and then leave or can i leave, get the visa stamped in INDIA based on previous employers I-797 and come back to US to start working for the new company.?
I would really appreciate if you can throw some light on the above mentioned issues and guide me what best can I do in this situation.
I would be really grateful for your help and guidance.
regards
Samiboy