new H1-b

smart0072000in

New Member
My situation is as below

I applied for an OPT card after graduation which expires on 06/09.My H1-B was originally filed by Microsoft. But I was laid off in late August. So although the H1-b was approved it was not activated.

Post layoff from Microsoft. I had my H1-B transferred with a company named SevenColor with whom I have been working since October. I haven’t had any projects since then and I do not have any pay stubs .I am their employee but not on their payroll since October.

I have an independent job offer from a company named Goldman. They wanted to transfer my H1-b but I did not have any paystubs. Their lawyer feels that I cannot have an H1 done. However, I have spoken to another lawyer who feels that since I was benched I am not at fault and technically speaking a new H1 in Masters quota can be filed and it should not be a problem the only catch being that I would have to do it in India.

Goldman has agreed to it but still feels it is very risky and it has transferred the liability of filing fees on me and have agreed to reimburse it later. I would be glad if you could help me assess my chances of getting a new visa.
 
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