H1B Transfer while in India - without US paystub

USA H1B Visa
1

Hi,

I got H1B visa thru company A but I resigned from it as the company was not willing to send me to USA. I got in touch with desi consultants who asked me to travel to USA on A's visa and committed to apply for petition once I am there in USA. I visited USA and My SSN was created after a month from date of entry in USA but things didn't work out and had to return within 2 Months.

 

Now I am employed with company B in India who is willing to transfer my H1B and send me to USA.

 

Is it still possible to get the approval for my petition from USCIS without any paystubs? or pay stubs would not be required considering the period of stay was less than 2 months. Please advice

 

Thanks,

Prashant
2

When you resigned from A, how did you travel to US? You shouldn’t have traveled w/ A’s petition unless A was still interested in hiring you in US. If a desi consulting company wanted to hire you, then they should have got your petition approved first and then you could have traveled to US through them.

What you did was wrong.

B can now file a petition for you. As you are currently outside US, they may not ask for the payslips as there is no extension of status is involved. Let B’s attorney know about your entire case history so that they can take the informed decision.

3

effectively you were out of status for two months.
If you were in US last year they might ask for W2 for the pay period
If you apply for H1 they will ask for your H1B entry and exit dates.
If you are unlucky you might get RFE.

4

Thanks Saurabh and SnowWinter…

I travelled US this year only…would they still be asking for W2 ? My SSN was generated almost after a month i arrived in US and after that within 15 days I returned back…What are the chances of getting an RFE?

Appreciate your response…

Thanks,
Prashant

5

AFAIK it depends on the officer who is adjudicating your case.
If unluckily you get RFE it wont be easy to resolve.
But if you dont get RFE i think you can travel to US using the same stamped visa ( need not go stamping again which will be really risky for you…provided you have valid dates on visa)

6

Thanks SnowWinter,

What would be the ideal time to reapply for H1 without falling into these issues as I don’t want to take any risk this time.

7

There is no ideal time…unfortunately.