Tweet
H-1b out-of-status - need info on consular approval
I was working as a fulltime employee at company XYZ. I had to resign on Jan 22nd 2014 due to personal reasons. My last paystub is from Jan 31st 2014. I was assuming I can go on H4 after resigning, but my spouse refused to provide the paystubs and I-797. Now I am out of status 
I found 2 employers who are ready to sponsor H-1B.
Company A : Fulltime job, reputed American company, will file for H-1 under premium processing.
Company B : Contract position, small desi consultancy, will file for H1 under regular processing.
Attorney at company A mentioned that I need to wait till I get the visa approval before beginning work. She mentioned that USCIS may approve without I-94, then I need to re-enter USA. She is still waiting for LCA before filing H-1b. She mentioned that if I leave the country before H-1 is filed, then they don't need the latest paystubs. I want to know if it is a good idea to go back to my home country now and then come once visa is approved? I want suggestions please. I have nothing to do right now, as I just need to wait for another 3-4 weeks.
Company B is asking me to join work immediately after they file H-1B transfer. I could have done that if I had latest paystubs. But now that I am out-of-status, is it not a problem if I join work without getting the petition approved? If there is an RFE later and if I have to go for visa stamping, how big a problem will it be? They are saying confidently that they will support me under all circumstances.
Under the circumstances, which company would you advise me to join?
Anyone who experienced my situation, can you please share your experience?
Please provide your valuable inputs.
Thanks in advance.
I found 2 employers who are ready to sponsor H-1B.
Company A : Fulltime job, reputed American company, will file for H-1 under premium processing.
Company B : Contract position, small desi consultancy, will file for H1 under regular processing.
Attorney at company A mentioned that I need to wait till I get the visa approval before beginning work. She mentioned that USCIS may approve without I-94, then I need to re-enter USA. She is still waiting for LCA before filing H-1b. She mentioned that if I leave the country before H-1 is filed, then they don't need the latest paystubs. I want to know if it is a good idea to go back to my home country now and then come once visa is approved? I want suggestions please. I have nothing to do right now, as I just need to wait for another 3-4 weeks.
Company B is asking me to join work immediately after they file H-1B transfer. I could have done that if I had latest paystubs. But now that I am out-of-status, is it not a problem if I join work without getting the petition approved? If there is an RFE later and if I have to go for visa stamping, how big a problem will it be? They are saying confidently that they will support me under all circumstances.
Under the circumstances, which company would you advise me to join?
Anyone who experienced my situation, can you please share your experience?
Please provide your valuable inputs.
Thanks in advance.
Comment