H1B Transfer to old employer when working on receipt notice for new employer

USA H1B Visa
1

Hi Experts,

Could you please help me with your input for my scenario.

  1. Worked with Employer A ( 10 Years, 7 Years India+ 3 years US). Got H1B extension approved in Sep. 2016 with I 94 Expiry : Sep. 2019

  2. Changed job and started working to employer B on receipt notice from Oct.18, 2016 and encounter RFE in premium process. Employer B need sometime to collect documents to respond to RFE.

  3. Employer A sent revocation request to USCIS for my petition with A. USCIS site shows Petition is approved.

  4. Employer A is requesting to join them back. They will file new petition since they already sent revocation request. They have approved LCA and ready to file my petition in next two days in premium process.

  5. I am planning to give notice to B. Employer B may not pay me during notice period ( Nov. 1-Nov. 11, 2016) as I am leaving him within a month and he may treat that amount as liqudity damage as per employment agreement

Doubt : Employer A is saying , they may get H1B approved without extension and I may to have to go for consular process. ( Chances of I 94 are 50- 50 % )

Doubt

  1. What are chances for consular process. ( Old I 94 was valid till Sep. 2019 and currently working only on receipt for B ) . Did some one gone thru this process. I saw mix online reviews and need expert advise.

  2. If at all, I need to go for consular process, I will have all documents from Employer A including client letter( Direct Client), employment verification letter. I will not have pay stub from Nov. 1, 2016 to Nov. 11, 2016. If VO ask me 3 months pay stub, I wont able to show him pay stub for 15 days. I will work in that time but employer B will withhold salary and I doubt he will give me pay stub as I am leaving in 1 month.

Could you please help me how to convince VO that I work for B and I did not get pay. Will that cause issue for stamping with A. I have all pay stub, W2 through out my tenure in US ( 2 Years, 10 months) . All I am missing in recent pay stub.

Thank you in advance.

2

Employer A can request to withdrawal request of H1B revocation ASAP

3

Hi ImmiGeek,
Thanks for input. However there is change in location also involved with Employer A. Hence Employer A is planning new petition. Could you please let me know

  1. Can I get I 94
    or
  2. Stamping issue in case of missing pay stub from Employer B.

Thanks

4
  1. if your petition is approved, your approval notice leaf carry the updated I-94.
  2. Since you are engaged with Emp B for a short period, that too recently, you may not have an issue. If the interviewer insists, you can tell them that you have requested pay stub from Emp B, waiting for it.
5

Thank you for your feedback.