Hello friends. I have similar case. Please help me if anyone faced similar situation: Situation: I was laid off from company A and my last pay check was of 30 Oct 2015. Before that I did my H1B transfer to desi consultant and got approval of 3 years. I am on bench from 1st November to rightnow. I got project in very good company C and got offer letter on 6 Nov. But they did delay to transfer my H1B. As I was on bench for company B. I cannot have any pay stub from company B. Company C is asking for 15th Nov pay stub and I do not have it. Now company C is filling H1B consulate Notification under which I have to travel India and do stamping and re-enter to USA. I already have stamping from company A. (1) Do I really need stamping in India again or just have to re-enter USA to get new I-94. Company B is ready to generate pays stub of November month but will not give me until I get live project under them. Company B is not giving me my I-797 also. (2) What will be risk at stamping? (3) Can I show them my I-797 and last pay stubs from company A because I never worked for company B and just did H1B transfer. I am not getting paid for month of November and also company C is initiating H1B consulate notification on 1st December. It will take 2-4 weeks for approval and then I have to visit India for stamping. So It means I have 2 months of gap. (4) Will it create any issue during stamping? Please friends give me answers of all my 4 question. Please Please Please.
If A’s visa stamp has not expired, then you can just leave US and re-enter with C’s approved petition. You will be issued new I-94 at PoE.
If you do go for stamping, it involves risk as you didn’t maintain valid status while employed w/ B
You did work for B. It’s another matter that they didn’t pay you which is illegal and has hampered your legal status inside US
Already answered above
I assume C is filing w/ premium processing so that you get the approval within few weeks.
What will you do in December? Stay w/ B and not get paid? Better start getting paid so that you are also issued W-2 for 2015.
Thank you for taking time and giving me an answer. I appreciate.
I have a question for your answer 3.
I did not work for B. I just did H1 transfer to them. It is a desi consultancy. They will not pay me until I got project under them. Even if I generate fake paystub using my money for mo nth on November and December, they are not willing to give me soft copy of pay stub until I receive live project under them. I want to stick with C because it is well known IT company of India.
Company C did some delay in transferring h1b visa and this is creating issue. They have filed H1B consulate notification yesterday in premium processing and as soon as I have approval copy of it I will visit India. I am agree with your answer 1. But company C is stick to their decision that I have to go for visa stamping. I do not know why they are doing this even though I have valid stamping from company A.
You always need to get paid. If you stopped working for A and moved to B, then you did work for B. You didn’t get paid, but that doesn’t mean you didn’t work for them.
From C’s perspective, they want H-1 stamping to be done so that they can be sure that you will not face any issues in future. Let’s say you re-enter on old visa stamp and after working for C for 1 year go for visa stamping. At that point, this unpaid duration causes your visa stamp to be rejected. C wants to avoid investing money and resources into you if there is a possibility that your visa can be denied in future b/c of this unemployment period.
Thank you for clarification for visa stamping. And I am agree with you that to avoid future problems, C wants me to do visa stamping.
Now let me focus on company B. You are right at your place. I agree with you.
Let me tell you, who is B. It is small desi consultant who helped me to file H1B when I was getting fired from A. They somehow managed client letter and applied for my visa transfer and got approval. Now they are looking for a job for me and on bench and not getting paid. B told me that if I want pay stub then I have to pay for tax amount and get pay stub. But B want me to put one month leave for November so I do not have to pay for tax and save money. THEY WILL GIVE ME FAKE PAY STUBS ONLY WHEN I GET LIVE PROJECT UNDER THEM. THAT MEANS I CAN SUBMIT EVEN FAKE PAYCHECK TO COMPANY C. HERE FAKE MEANS I WILL PAY TAXES.
–> So If I do not want to join C. Then there will be no gap in my h1b status and everything will go fine with Company B.
Now to get a job from C, I can not say all above stuffs to C. Otherwise they will not allow me to join which I do not want. I am ready for H1B gap and also ready for stamping BECAUSE company C is big reputed MNC company from India. I can see positive reviews from them because of good reputation. The chances of H1B rejection is also less. I do not want to loose this opportunity to work with C. Future will be safe with C.
So SAURABH, still you think that i should not join C and leave this opportunity?
In USA, there will be lots of cases like me where they got fired from company X and do h1b transfer to any company Y after some months. Will those cases will be different from my case?
I gave a reason to company C that, company B found my replacement and can not get me onboard. So now they have initiated consulate notification process for me.
Please suggest me if I am doing anything wrong in this case.
IMO it is better to join C who will be paying you regularly even if you are on bench, than to stay w/ B who may not pay you in near future until you get the project.
If they are a reputed company, then chances of rejection are low from company profile perspective. Still there is a chance that you may be asked about your most recent payslips, which you don’t have.
The other thing is that you should leave US ASAP if you want to be employed w/ C as you are not getting paid through B and continuing to stay in US w/o pay is doing no good to your immigration status. Also, C is going to file your H-1 w/ consular processing and so you cannot join them on the basis of petition receipt.
I know that in interview they might ask about my most recent payslips which is of 30 October. You are right that I have to leave USA asap. But company C told me that I can leave USA as soon as they receive approval notice for consulate notification. Also C told me that I should not leave USA even on receipt number.
So right now I am following instructions from C. And company C is applying to consulate notification because I have a GAP of 2 months between A and C. So approval notice of consulate notification will clarify most of the doubts.
I read couple of questions from different people on this issue which they had faced. And in visa interview they did not even ask anything about pay stubs.
Also company B is not ready to give me my I-797 right now. They told me they will give me once I get a project under them. I think it is not now necessary if I am going to India for stamping on basis of C’s approval notice. Will it create any issue while stamping? Because I never started work under him.
SAURABH please let me know your opinion.
Chances of getting asked about payslip varies from case to case. So its better to be prepared for the question in case it is asked.
Thank you for your response Saurabh. I will update here if I have any news.