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theconfused
01-01-2010, 05:39 PM
Dear All,

i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.

1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.

2) Was laid off on 16th November 2007.

3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.

4) I do not have any pay stup or any kind of information from employer B.

5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.

6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.


7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.

8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.

9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.

Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?


Your help is highly appreciative.

Thanks

Confused

glus
01-02-2010, 10:54 AM
hi:

Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.

Glus