H1 transfer

[Hpuser]

Hi Guys,

I really need your help and I greatly appreciate it.
Company A applied for my new H1 in Dec 2001 since I was out of the job for 7 months and I'm a canadian resident.In jan 2002 I got the H1 receipt & my lawyer asked me to go to canada & come back with a I-94(previously no I94, canadian don't need I94 before march 2003).In april 2002 I got the H1 approved & I again went to canada & came back(no new H1 visa stamp so same I94).I was on bench for 11 months till feb 2003 with company A.Then got a project & came on payroll of company A.In may 2003 I applied for H1 transfer & july got a RFE asking for 2002 W2.
My question is was it a mistake that INS let me enter US in Jan 2002 on H1 receipt notice.And if I give 2002 W2 showing so less salary and a letter saying I was on unpaid vacation for the rest of the yr what are the chances of H1 approval.I mean will I have to go out of the country for H1 stamping & if so what are the chances of rejection.
I know its very complicated but any thoughts & experiences will be greatful.

Thanks

 

[Hpuser]

Hi Ginnu/Jaxen

Can you please help me in the above situation.Also I want to ask that is it neccessary to get a new H1 stamp in the passport if we get a new H1 instead of transfer.can't I just use the valid H1 stamp from old company & work on new H1(not transfer)with new company.

Thanks

 

[ginnu]

Can you please help me in the above situation? Also I want to ask that is it necessary to get a new H1 stamp in the passport if we get a new H1 instead of transfer.
--- If you file for H1 transfer and your transfer is approved by BCIS with extended newI-94 then you can stay and work in US till the validity of I-94, if H1 transfer is approved but no I-94 extended and attached with approval notice then you have to leave, get H1 stamp and enter with new I-94 and work
------------NEW H1 never gets I-94 attached or extended, in that case you have to leave US get H1 visa stamp and enter on valid H1 status and will get new I-94 at POE

Can’t I just use the valid H1 stamp from old company & work on new H1(not transfer)with new company.
------------ You can work with old H1B visa stamp FYI Visa stamp is only for entry to US, if you get newI-94 with H1 then you can work till the expiry of I-94, for the new company you need H1 approval notice and for stay in US you need valid I-94 attached with H1 approval notice or have to get new I-94 by going out of US.
I read that you were on Bench for some time and if your salary from past employer did not match with LCA or less salary on past W-2 (they can ask W-2 for the entire time you have been working in US) and your Consulate in Chennai India you may face the problems to get H1 visa stamped. Read the other threads related to Chennai, many have been denied visa many are still waiting