H1B Out of Status for 2 Months

[Senthilmuthu]

Hi,
I came to US in H1B in Jan 2012 and worked there for 4 months (Visa valid till Sept 30th 2014). Since my employer asked to return to India, I resigned my job and searched for a new job for 2 months (not having pay slip for 2 months). Now if I try for a H1B transfer from India, whether it can be transferred?. If I797 is approved, whether I need to go to consulate for new H1B stamping or I can travel to USA with the existing H1B and newly approved I797. Please advice

[raghvi]

Hi,
I came to US in H1B in Jan 2012 and worked there for 4 months (Visa valid till Sept 30th 2014). Since my employer asked to return to India, I resigned my job and searched for a new job for 2 months (not having pay slip for 2 months). Now if I try for a H1B transfer from India, whether it can be transferred?. If I797 is approved, whether I need to go to consulate for new H1B stamping or I can travel to USA with the existing H1B and newly approved I797. Please advice

Where are you currently located? If in US, then you are accumulating out of status period.

If your visa is expired you have to get a new stamping done in order to return to US.

This is my opinion not legal advice.

[Senthilmuthu]

Where are you currently located? If in US, then you are accumulating out of status period.

If your visa is expired you have to get a new stamping done in order to return to US.

This is my opinion not legal advice.

No Currently I am in india. the visa stamping is upto Sept 30th 2014. Only 2 months only I was out out of status in US.

[Senthilmuthu]

Any suggessions