H1B1 Transfer- Premium processing?

[revoke485]

Mine is a strange situation.....!...Its very urgent..Please reply ASAP...

I went to India for stamping and I got H1B1 visa stamp approved at chennai consulate for the company A and i was in india for one month and now company A says due to layoff of company.they sent me email that they have terminated me from the company and i am still in india and it been 2 weeks i had received the email from employer.


Now my friend has a company and he is ready to file H1B1 transfer but he says I need to enter USA and give me I-94 so he can apply for H1B1 transfer.

My questions are:

1. I have not been working in the USA for the last 2 months so i do not have recent paystubs if i come to USA when i file H1B1 transfer i will mention that i was in india for 2 months and cannot generate paystubs will this be a problem of not having recent paystubs.

2. Company A is an american company and they will be sending a cancel H1B1 letter to USCIS. I heard it might take from 30days to 6months to one year?, Have you anyone had a problem that H1B1 was being canceled by employer in 30 to 45days?

3. Do you advice me to do premium_processing for H1B1 transfer?, If so i do not have recent paystubs from company A and i am afraid that H1B1_Transfer will be rejected?....but it is costing me $4000 including attorney fees and i do not have that much money??,

4. Will I be safe if i apply for H1B1_transfer under normal processing?.How long does it takes to get approved?.

5. Even though company A had sent cancel H1B1 letter, Before it reached USCIS if i apply for H1B1 transfer and gets receipt will i be safe?


please gurus...Ginnu/Realcanadian or other members here please post your experience in this please.

 

[GotPR?]

Again another misconception with "transfer".

ALL the H1 petition is the same. Brand new, "Transfer", change of status, Extension.... all same. You could get H1 with A while you were in India and then why not be able to get H1 for B ? You can.
Since you don't have I-94(not being in the US right now), you need to get H1 stamp before comming to the US.

Only question is whether you need to get another H1 stamp or not. I remember that UN once pointed to some rules and it was like unless you used current H1 stamp before, you need to get another H1 stamp with new employer. But I don't have that document now and no way to verify. Ask consulate on this matter.