New H1-B applied.

daniip

Registered Users (C)
I work for a company A and have applied for H1-B from company B. I received the LIN number for company B\'s filing. I have to go to India for my wedding in July . I will quit company A when I leave for India. And I am planning on joining company B after I return. Will it be an issue at the immigration when I return in case I don\'t have pay-stubs from new company B?? Or will it be fine since the visa on my passport, which is from Company A, is valid for another 2 years?? Please advice since I don\'t want to take any risks and even more since Company B is a consulting firm and they might not have a job ready for me as soon as I return from India. If that is the case, then I will transfer to H4 but I would like to know my options before I decide on transferring from H1 to H4 and back when I return.
 
Risk(s)...

It is unlikely that a paystub will be asked at POE. But if your transfer had been approved (but you did not know or did not have it when you entered US) and you entered using A\'s H1, then your B-H1\'s I94 might not be valid. Apart from this risk I do not see any other problem.
 
Can I apply for new I94

But if I return on A\'s I94 even though I don\'t work for them anymore, will they find out at the immigration that I have already quit the company??? And secondly, even if they give me I94 for company A, can I apply for Company B I94 once I re-enter US??
 
Recent - Check!

Consultate offices require last pay check , bank statement when getting a H1 Stamp in the Passport.

It just happened to one of my friends, please be prepared to avoid any consequences.
 
Paystubs

I will have my last paystub before leaving for India. The question is when I return, will they agree that I went on vacation or will they be able to find out that I have already quit?? This is the question at the airport immigration , not abt the consulate. Is there anyway for the immigration to find out at the airport that I am not employed with company A anymore? My visa is valid till 2004.
 
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