Visa transfer

[mkkreddy]

Hi, I received H1B for company X and I came to US. Last 2 1/2 months I am staying in US and not located at client location so I do not have any pay stubs. Company Y hired me directly and they applied VISA transfer. Here, They suggested me to go back to your native country and stamp it in once again on company Y as a employer because I am not having paystubs.
Here my question is, If in Consulate, for any reason they rejected my visa, shall I come back to US with company X H1B Visa(valid up to 2017)?

It would be great if you reply to me as soon as possible.

[shervin143]

First of all, your employer should pay you irrespective of whether they can provide you job or not. Staying in U.S without getting pay slips will put you out of status. You can complain to DOL and make the employer pay so that you can get back to valid status. A copy of the letter sent to DOL mentioning that the employer is not paying you will help while you go for visa stamping or at the POE.

That being said, you can leave and re-enter using employer B's petition provided you have a valid H1B visa in the passport. No need to go for stamping again. You can use your existing H1B visa (even if it has the previous employer's name on it) along with the new employer's petition to enter U.S.

When you go for stamping, the first thing they will do is cancel your existing H1B visa before deciding whether to issue the new visa based on the new employer's petition. If the new H1B visa is denied, you won't be able to enter U.S since the old one will also be cancelled.

Check the below link

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/