I am working for company A in india and have worked on H1B for 14 months in USA. I returned to India in November’13. As my employer is not ready to send me till next 1 year while my visa and I94 expiring by 8-Feb’14 , I met a consultancy B that can transfer my visa but the condition is I need to travel to USA with my current employer ASAP and as soon as I enter USA, the next day they start a premium process to transfer the visa. The consultancy is not ready to file transfer after my visa expiry date from India.
Can this practically be done ? Is it legal ?
Can I face issues on Port of entry as visa is getting expired in few days time?
Will it be an out-of-status case, as I wasn’t in USA from November to Jan and don’t have pay stubs for these months?
Can we stay in USA even if we just have Receipt number for H1B transfer and I94,visa have expired ?
Please help me know what are my options, and risk involved. Appreciate your reply!!