H1 Transfer Help

[kpotdar]

Hello All,

I have been working with company A for one month before I had to go to India for emergency I took a Unpaid Vacation from my employer, after I returned I did not join Company A, and started looking for a new Job found a new Job and Company B has applied my H1 transfer, I have submited the paystubs that I had which were less than 60 days old. But the INS responded an RFE for status after coming back from India. Since I did not work with Company A, I do not have any recent pay stubs.
My lawyer thinks that my H1 might get approved under Portability but my request for change of status (extension) will likely get denied. If it happens how does the H1 Cap affect my application. and If I already have a H1 visa stamped on my passport until 2006, do I have to go back to India and visit the embassy to get a newH1 stamp on my passport.
Any help/advice will be highly appreciated.

Thanks in advance.

 

[ginnu]

Your lawyer is correct USCIS may not approve it as H1 transfer and may approve as NEW H1 and no I-94 attached and if that happen then you need to leave US, get new H1 visa stamp and get newI-94 and then join the employer B. you did a mistake your could have worked with A for 2-3 months and with recent pay stubs from A you could have got H1 transferred. Remember NEW H1 is subject to Cap and if cap reaches then they will only issue after sept 2004, if filed with premium processing you may get result in few days