H1B out of status and transfer applied when in India

USA H1B Visa
1

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?
2

  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

3

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

4

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

5

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?

6

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

7

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?

8

That would do

9

Thanks for your prompt response buddy.