H1 Transfer - Unique Situation

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PHILLY_GC

New Member
Please Help!

I was working for Company "A" and was getting paid regularly, untill I was at the client site, till end of June. Jul - Mid Aug I was on bench and my employer did not pay me any salary.

In Aug I filled for H1 (Transfer) from Company "B", the lawyer i was working with delayed the process a bit and eventually filed it on Receipt Date: Aug 23.

I had submitted all paystubs that I had from Comp A till end of jun.
As I was not paid from Jul - Mid Aug I do not have any more paystubs to send.

I hear finally from my lawyer that, my H1 is approved (website) but I have to go to India to get my approval/stamped????

I am not sure what this is and can someone please guide me!!

Thanks
 
In certain cases, if latest paystubs are not available, INS approves the h1b transfer petition but does not attach a i 94 card. In such cases you have to go to your home country for stamping and then you will be given a i94 at the port of entry.
Please consult with lawyers as to what kind of questions you can expect while stamping.
 
Thanks Chanduv23

so I don't have to go to the US Consulate, but re enter US from India?
can I do this from any other country like Canada or MExico.

Please advise
 
PHILLY_GC said:
Thanks Chanduv23

so I don't have to go to the US Consulate, but re enter US from India?
can I do this from any other country like Canada or MExico.

Please advise
Click to expand...

You MUST HAVE to go to US CONSULATE and that is also in INDIA, NO OTHER countries.

Since you didn't present latest paystubs, USCIS thought you were out-of-status for a while, for out-of-status cases USCIS doesn't issue I-94, which forces person to go to home country for stamping and come back with I-94, which will be issued at POE. Since there is no I-94 other countries(mexico, canada) don't consider your case as straight forward as its assumed out-of-status for which, besides going to HOME country for visa stamping, no other alternative.
 
Hi
Did u get any other info on this matter ?
I have also applied for transfer without paystubs and am awaiting the result .

Did u get rfe for paystubs or did u get approval wihtout i-94 wihtout any RFE"S.

Also is it that u can not start workign for new co before getting the NEw I-94 ?
I read somewhere that u can stay up to the date of the ur last i-94 and then before its exepiry get the new one and stamping .

Since if we cant join before geting the new 1-94 it would creat probs sinec waiitng time is like 2 mths in india.


Please do post ur experinces .i will try to get info from my lawyers also .hopefully should getthe reuslts by thsi weekend.
 
mans22 said:
Hi

Also is it that u can not start workign for new co before getting the NEw I-94 ?
Click to expand...

Above is absolutely correct. you can't start working for new company if your case is such that you wouldn't get I-94 along with new I-797 approval. Extension/approval WITHOUT I-94 means you MUST have to go to home country for stamping and get new I-94 at POE.
 
Also note that if you stay over 180 days after your current i 94 expired, your case may get complicated, better you leave the country within 180 days. You can always stay in India and go for stamping.
It is easier said then done. Companies are never flexible on these issues, for them it is a hastle.
 
Philly GC

I am in somewhat similar situation. Can you appraise whatu r lawyer said regarding the GAP. I have about 4 weeks of GAP.

Thanks
Andy
 
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