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  • Question on H1B Status

    Hi All,

    Company A: first employer with visa stamping
    Company B: Employer with whom the pay stubs were run till January 2017
    Company C: current employer

    I Would like to confirm few things and have few questions on behalf of one of my friends:

    1) I went to India in December 2016 on Company A visa stamping and came back in January 2017 on Company B H1b petition (My H1B petition with Company A was revoked in January 2016)-- Can I do this still?

    2) While on Company B, before I had my India travel plans I applied for H1b transfer(COS) to Company C in October 2016 in premium but received the I797A very late in February 2017 (with validity dates from October 2016 till September 2019)as my original notice was missed by the postal services. So not knowing the status of my h1b petition, I didn't want to take risks so I continued working with Company B --- Can I do this legally??

    3) After I came back to the USA Company B revoked my H1b petition in March 2017 and my last pay stub was run until January 2017. Am I still eligible to stay in the USA as my H1b petition with Company C has been not revoked?

    4) Now, I have kept requesting Company C to run my pay stubs to be in status. But they are saying that I am not their employee at all as there was not even a single pay stub run when I had a project at the client. Is this true?? because when I did some research I found that an employer should have to pay his employee no matter whatever be the circumstances. Is this applicable to my situation? Am I not really their employee at all?

    5) Now I got a new project and have to file for an amendment. Company C says that they will file an amendment as a new hire with out any pay stubs --- can anyone tell what will be the chances of getting approvals if I go in this process? Is there any alternate solution?? Please advise.

    Appreciate your help in advance.
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