H1B out of status and transfer applied when in India

I worked in US for almost 6years and my H1B expiry is on April 2013 with Company A. But i have an approval notice for extended H1B until April 2016. I do have a approval notice for I-140.

I came to India in April 2013, resigned my job and stayed in India until now Jan, 2014. Now i'm planning to go back and i have company B offering me a job and H1B transfer.


1. Am i considered as out of status from April 2013 till date?


2. Can i use my H1B approval notice for stamping or should i get a new one from company B?


3. What are risks involved in transfer?


4. What is the best or faster way of getting the visa stamped and go to US?
  1. NO, U will be out of status if U r in US and Ur payroll was not running

  2. Go for Transfer if U go paystubs for the period U worked

  3. NOT Much unless ur employer and documentation is fine

  4. Transfer in Premium Processing or Cap-Exempt in Premium Processing

What is the difference between Transfer and Cap-Exempt premium processing. Which one is recommended?

Transfer is not a fresh petition, while Cap-Exempt is a fresh petition on ur existing one.
Transfer is better if u have paystubs and reasons for being in india

I have paystubs for the company in india which i’m working currently. I don’t have paystubs after April with my previous employer holding H1B.
So can i use the paystubs of india company?

No dude… U must have pay stubs of the period u worked in US… Atleast last 6 months of payslips till April…
Also the reason to come here

I have them or i can actually get them. As per the reason i can submit letter with regards to my father health and then i met with an accident and was hospitalized for few months, so i can provide that also.
Would that be sufficient?

That would do

Thanks for your prompt response buddy.