H1B visa stamping - how soon after H1B visa transfer?

[darthvader_048]

I am working with employer A and will start working for employer B from Feb last week. I plan to take a 1 month unpaid vacation in India starting Mar 2nd week. Assume H1B visa transfer to employer B is successful and that I have the new H1B visa/I797/I94 from USCIS before I start working for employer B.

Question:
I can work for employer B for only 2 weeks, i.e. from Feb last week to Mar 1 st week, before going for vacation. I get only one pay stub for these two weeks. Is this safe enough for getting visa stamping approval in India? I am not sure about the minimum number of pay stubs required to be shown for visa stamping. Assume I have all the other necessary docs required for visa stamping.

[shervin143]

There is no such thing as minimum required number of paystubs. You need to have pay stubs for the entire period you were in H1B status. For the time spent outside U.S, you don't need any pay slips since you will not be holding any status at that time.

[darthvader_048]

I have all the pay stubs through the entire period of my H1B stay in US, i.e. till Feb 2nd week.

As per what you are saying, is it safe to go for visa stamping without a single pay stub from new Employer B and all (lets say 4-5) pay stubs from old Employer A and yet expect to have my visa stamping approved (if all the other documents are in good shape)? Here is the timeline again:

Old Employer A: Work till Feb 2nd week.
New Employer B: Work from Feb 4th week-Mar1st week.
Visa Stamping: Mar 2nd week.

[shervin143]

That is correct. However, if you worked with the new employer even for one pay period, then you will need to carry that pay slip.

As per what you are saying, is it safe to go for visa stamping without a single pay stub from new Employer B and all (lets say 4-5) pay stubs from old Employer A and yet expect to have my visa stamping approved (if all the other documents are in good shape)? Here is the timeline again:

[darthvader_048]

Great!

There is a gap in Feb. for approx. 12-14 days where I will not be working for any employer.
Old Employer A: Work till Feb 2nd week.
New Employer B: Work from Feb 4th week-Mar1st week.

Do you think this might cause a problem?
Note that before I quit Employer A, I expect to have my H1b receipt from the H1B visa transfer petition. Somewhere in Feb 4th week, I should have the new I797.

[shervin143]

What are you planning to do after quitting employer A and before joining employer B (3rd and 4th week of Feb)? Will you stay in U.S or you will be out of the country?

[darthvader_048]

I'll be staying in the US.

[shervin143]

Well, you will be out of status on H1B for that 2 weeks. This will reflect in your W2 by the end of the year and it could cause issues with your future stamping and petitions with USCIS.

I'll be staying in the US.

[darthvader_048]

If I am quitting employer A only AFTER my visa transfer petition is approved, why will I go OOS (out of status) for those two weeks? Pay or no pay doesn't matter, is not that the case?

Employees sometime take leave of absence for several weeks during which time they are unpaid. That doesn't make them go OOS.

[shervin143]

If I am quitting employer A only AFTER my visa transfer petition is approved, why will I go OOS (out of status) for those two weeks? Pay or no pay doesn't matter, is not that the case?
>>> Well, that is not the case. When you are in H1B, there shouldn't be any break in pay slips. If so, then you are considered out of status.

Just because you have an approved petition, doesn't put you in status. Your pay slips is what will determine whether you are in status or not. By the end of the year you will get 2 W2's. One from your previous employer and the one from the new one and there will be a break for 2 weeks that is enough for the VO to question you.

Employees sometime take leave of absence for several weeks during which time they are unpaid. That doesn't make them go OOS.
>>> Unpaid vacation within U.S are not alowed when you are in H1B status unless you have supporting doucments to cliam your reason for the unpaid vacation (Medical emergency etc). If you just want to take a break and tour the county or go for a long vacation, the H1B is not the status that you should hold. They have B1/B2 for that.

If your quit your current employer on 15th of the month and join the new employer on 1st of the next month, then howcome you are in unpaid vacation. That typically means you did not have any job for those 15 days. You might or might not be questioned about his later. But this gap is considered out of status on H1B and there are possibilities that it can create issues with your future petitions, visa interview or GC if the officer looks into the doucment a little deeper.

Whether you want to take the rish or not is upto you.

[darthvader_048]

Thanks Shervin143 for sharing this important info. I'll keep this in mind.