221g with no salary

[satguru1]

Shervin & other senior members:

I am waiting for a H1B visa from Chennai Consulate since July1, 2010 due to the background check. They have retained my passport and given me a pink form.Basically I did a COS from L1B to H1B in 2010 Cap.

Since I did not return to work in July, my current H1B employer had stopped paying me since the mid of July.Since it`s been past 4 months,the employer wants to take me off the payroll untill I return to my position. Will it affect my H1b visa or case in future.I do not have a choice.If at all what are my options now ?

Please advice
Regards,
Satguru1.

[shervin143]

You don't need to get paid or maintain pay slips when you are out of the country. Once your visa gets approved and if the job is still available, you can travel using that visa. As a part of the admin process, if the consulate checks with your manager to confirm your job, their response will play major role in getting a successful stamping.

You also have the option of transferring your H1B petition to another employer and schedule a new interview based on the transferred petition. In such case, you will need to withdraw your current visa application.