Complicated H1 Transfer Situation >> Need Advice

[abhishek_mty]

Let me explain the Situation that i am in :

I worked for Employer A while in USA, from Oct 2014 to Dec 2015 on H1b Visa (first H1b and Stamped Visa for same Valid till Sep 2017 ). Quit Employer A and returned to India to take care of some family situation, have been working with Employer B office in India from Jan 2016. Though Employer A has not revoked Petition or Visa , the company has been acquired by another Company and is now a New Company C from April 2016.

In context to the above Situation can anyone help in answering the below questions :

1) Can any US based Company do my H1b transfer (filing H1b) while i am in India ?
2) For H1b transfer will they need my Recent Payslips from Employer A (First US Employer) or will Payslips from Current Employer in India suffice?
3) If H1b transfer is approved , can i use existing Stamped Visa (valid till Sep 2017) from Employer A (which does not exist anymore due to acquisition) and the New Petition to travel to US or would i need to go for Visa Stamping at Consulate ?
4) Will it be better to go for H4 stamping and then travel to US on H4, as H4 stamping process is simpler ? And then ask US Based New Employer to do COS to H1 in Premium ?
5) What documents might they ask from first US Employer (Company A) if I opt for H4 Stamping ?

Thanks
Abhishek

[mindrd]

Let me explain the Situation that i am in :

I worked for Employer A while in USA, from Oct 2014 to Dec 2015 on H1b Visa (first H1b and Stamped Visa for same Valid till Sep 2017 ). Quit Employer A and returned to India to take care of some family situation, have been working with Employer B office in India from Jan 2016. Though Employer A has not revoked Petition or Visa , the company has been acquired by another Company and is now a New Company C from April 2016.

In context to the above Situation can anyone help in answering the below questions :

1) Can any US based Company do my H1b transfer (filing H1b) while i am in India ?
2) For H1b transfer will they need my Recent Payslips from Employer A (First US Employer) or will Payslips from Current Employer in India suffice?
3) If H1b transfer is approved , can i use existing Stamped Visa (valid till Sep 2017) from Employer A (which does not exist anymore due to acquisition) and the New Petition to travel to US or would i need to go for Visa Stamping at Consulate ?
4) Will it be better to go for H4 stamping and then travel to US on H4, as H4 stamping process is simpler ? And then ask US Based New Employer to do COS to H1 in Premium ?
5) What documents might they ask from first US Employer (Company A) if I opt for H4 Stamping ?

Thanks
Abhishek

For Counselor processing, there is no requirement for maintenance of status issues. If you have a job offer from Employer B, let them petition for you and request counselor processing. you can show your last few pay statements to show that while you were in the US, you were working for the Employer A, and that you did not violate your previous accorded status. H4 is simple but you must be a qualify relative of an H1B holder. If you are requesting a new employment with counselor process, and your previous company is out of business, do not travel to the US using your old visa. Once you were laid off or whatever, that visa is technically not valid anymore even if the prior petition was not withdrawn.