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Suppose someone working for company A on H1B. Got a new job…

For Guillermo,Suppose someone working for...
For Guillermo,Suppose someone working for company A on H1B.
Got a new job offer from company B who initiated the H1B transfer and still waiting for the approval.
Now traveling to home country as an employee of company A due to urgent family reason, but the visa stamping got rejected.
After couple of days of the visa stamping rejection if the H1B transfer from the company B gets approved, can he/she go for stamping again for the company B?
Is there any wait time before he/she appear for another visa interview since previous rejection?
Will it be considered as out of status as the transfer got approved after recent visa stamping rejection?
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Answered in 2 minutes by:
3/28/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,424
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Yes and no wait time required. And no time out of status because the employee is outside of the U.S.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Post visa rejection, if he/she become not an active employee of company A, then being unemployed and not having any paystubs from company B, what he/she should be carrying for last two payslips during visa interview upon receiving the H1B transfer approval from company B? Considering that H1B transfer approval comes after two months since the visa stamping got rejected and he/she doesn't have last two months payslips.

He should acquire evidence of his maintaining H-1B status until the time that he left the U.S.. So he should get paycheck stubs from someone.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
But his/her previously approved H1B extension petition from company A is still not expired. In this case, can't he/she be eligible for 60 days grace period to find another job in the event of termination while being out of country?

Yes, but he still has to prove when he came off payroll so as to when the 60 days start. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Just curious, how a fresh college graduate is hired on H1B from India who doesn't have any income proof/recent paystubs?

Because they are usually on OPT and there is something called OPT cap gap to cover them until October 1st of that year.

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Customer reply replied 3 months ago
I am talking about fresh graduates from Indian colleges directly. Not talking about US OPTs.

If you mean those that are outside of the U.S., they just apply on April 1st, then if approved, they get a visa stamp to allow them to come to the U.S. no earlier than 10 days before October 1st. What the problem is in your current issue is that the candidate was in the U.S. and was supposed to be maintaining legal status. They want to know if they can deny him automatically for having 180 days of unlawful presence in the U.S. and it is HIS burden of proof to prove how long he was maintaining his legal status. Please do not forget that positive rating. Thank you.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,424
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Sounds good. Thanks Guillermo for clarifying this. You are awesome.

Thank you! I sincerely ***** *****!

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