H1 - serious complication?

backtobharat

New Member
Was on H1 on 3 jobs since 1999. For personal reasons, left job and immediately returned to home country in Jan'02 (hence NO overstaying). My company didn't cancel H1 but I am not on talking terms with the company also. Re-entered US 2 months ago on same H1 hoping to find job and transfer H1 without approaching my company at all.
Now some companies gave offers but refuse to transfer H1 due to no paystubs. Others say they can try H1 and it may go through since "by leaving US at the end of my job in Jan, I never overstayed actually but my stay in past 2 months is wrong". Yet others say I should at least get 2-3 paycycles through someone else before they take up my H1.
What's the best and worst course of action, for me:

1. File "non-premium" file transfer through some company, start payroll and in case of query, reply with these new paystubs.

2. Approach my last H1 company on good talking terms and ask them to restart a contract and payroll. My concern is that they may cause serious problem if they don't want to do business through me. Is that concern valid?

3. File premium H1 transfer with some company and say, if the approval is without I-94, then go to home country and re-enter with stamped visa.

4. File immediately for H4 (based on spouse H1) to avoid even 1 more day of "wrong" stay and then file for H1 as soon as an offer is confirmed.

Any other advice is also very welcome. I will really appreciate all the thoughts.
 
Best in terms of legality and and best options in the order I prefer : 3,4 and 2.
Problems with each scenario
1. This is riskiest and there is a likelihood of eligibility for 180 day out of status and subsequent bar.

2. It is after all business for them. I would not put my ego over the possibility of maintaining and reaffirrming my legal status.

3.This is the best scenario and likely scenario. This will not pose any problem. But act fast before it is more than 3 months from your entry into US.

4. This would be the next best option if you do not want to live in limbo even for the 15 days it takes PP to get a turnaround.
 
Top