H1 Transfer && travel to india && H4 visa expiring - Pathetic situation, please help

[dokter]

Hi All
Didn't thought my post will become so huge, i apologies, i searched the forum before posting
but most of the replies are very old and as always couldn't stop my pathetic brain from getting
confused, please help.. your response is really appreciated.. thanks

Present Situation
==================
I'm with employer A and my visa is valid until 30-Sep-2013 with employer "A" and for my
wife the H4 visa is valid till the same date Sep-2013, but she is India now, never
entered US till now.

My plan
=======
i'm planning to transfer my H1b to employer B in premium processing, employer B
will start the process of applying only on 07-June-2013, soon after i received the approval
i'm planning to go to mexico for the stamping immediately upon receiving the I797 and other forms.
as i need to go to India on august i want to do my stamping before that.

Other facts
===========
I have an understanding with Employer A that he will not cancel my visa until i get my
visa stamped with employer B positively


Here are my Questions
=====================

Question:1
===========
How risky is it to do the transfer now and immediately going for the stamping in mexico
with only 3 or 4 weeks of pay stubs from employer B (and FYI i have continuously other month
pay stubs from employer A) assuming i get the H1b visa approval from USCIS through premium processing?

Questions:2
===========
Employer "B" starts initiating the process only on 07-June-2013, assuming it will take
5 to 10 days to receive the H1B USCIS receipt, i will be start working for him from
20-Jun-13, but he has agreed to pay the salary for the enitre month on a weekly basis
starting from 01-june-2012, so that there will be 3 or 4 pay stubs before i go for the
stamping, now the question is, can he pay me for the entire duration of june month when
i have only worked just for 10 days for him? will that pay stub will land be in any trouble
when i go for stamping? (note: during this period employer A will not be paying me so that there will be no overlapping of employers paying me)

My Wife Situation
==================
My wife got her H4 visa through employer A and its valid only until sep-2012 end,
i'm planning to bring her to USA only by first week of September
(as she is having her exams, so no way before that)
Question 3.1: As i have transferred my employer to B, should she has to go for a fresh
============= stamping even when she has 30 days of visa left by august'2012?

Question 3.2: Is it too risky to bring her only with 25 days of visa left, when she enters
============= at the POE in USA, will she face any problems for having only few days left
( i will be accompanying her when she comes during september)

[kabkaba]

Q1 - That's fine

Q2 - This is highly unusual and probably illegal. You can only legally work for B after USCIS receipt date. Only for the sake of paystubs, I feel this is unnecessary. Paystubs are only necessary for the period you actually work for the employer, as long as you have continuous evidence of employment with either A or B, it makes no difference.
You don't even need a new Visa if you plan to return to US from India before the current Visa expires. Visa in your passport is not tied to any employer. You can use that with any employer's petition.

Q3.1 - No, she does not have to apply for a new Visa. She can use the same one with the new employer's petition.
Q3.2 - It makes no difference. When she shows the new petition, her I-94 will be according to the new petition, in fact she should make sure that it is.

[dokter]

thanks a lot for your response


so will you suggest whether continuing my extension with my present employer A and
transferring my H1 to employer B after the india travel (i.e)( after august) will be a
better option?

[kabkaba]

No, just don't do the weird paystub stuff. When you work for A, get paid from A. When you work for B, get paid from B. Don't have a very big gap between the two employments and start working for B only after USCIS receipt date for B's petition.

Secondly, if you are traveling and returning from India before your current Visa expires, you don't even have to go to Mexico. Just use the current Visa with B's petition and make sure your I-94 matches B's expiry date.