Query Regarding H1B visa

[tnk5]

Hi,

I have H1B visa valid till Feb end 2016.
I transferred my visa to an employer and I got the Receipt Number and I-797 till now.
I am going back to India in Dec 2015.
My concern is If suppose in India I join a company(like TCS, congnizent) as a full time employee. Can YYYY will able to transfer my Visa? What happened if in case I join before February and what will happen if I join after February. Can you please let me know. I have salary slip of October and November from my employer.

[shervin143]

If you haven't used all 6 years in your H1B CAP, then any employer can file a H1B transfer for you. They can file it before or after your petition expiry date.

[tnk5]

Thanks for your reply. I came here in February 2014 first time and working with an employer A till june 2015. Then I changed the employer but somehow I didn't able to find the job. However he is ready to give me the salary slip for Oct and Nov but I don't have salary slip for July, Aug and Sep. Now I decided to going back to India. If I will transfer my Visa in India with Company B. So it should be fine there will not be any Issue. Can you please confirm me.

[shervin143]

That is hard to say. You have been out of status on H1B which is against the H1B regulation. If the VO asks for your 2014 / 2015 W2 and if that shows less than the approved LCA, then it can be problem. So it depends on the VO. If they don't look at your W2s, then you are good or it will be a problem. There is a question in DS160 that asks if you ever violated the H1B regulation (for H1B visa processing) and you need to answer YES since you were out of status and provide reason why you were out of status. It is then up to the VO to decide on your case.

Thanks for your reply. I came here in February 2014 first time and working with an employer A till june 2015. Then I changed the employer but somehow I didn't able to find the job. However he is ready to give me the salary slip for Oct and Nov but I don't have salary slip for July, Aug and Sep. Now I decided to going back to India. If I will transfer my Visa in India with Company B. So it should be fine there will not be any Issue. Can you please confirm me.