Regarding H1B extension

[santy]

Hi my H1B visa is till sep 2009. currently I am on bench since Dec. I am working on percentage basis so I am not getting any salary from my company for my bench period. for dec-jan I went to India for that period I didn't got pay stub. After returning to USA back my pending paystub started and till mid April all my pending due salary will be completed.

Since after that company cant pay me salary so They are suggesting me to go to India and attend interview. But also they said till you get project we want to wait for your H1B extension process. So now my questions are

1] If I want to wait in US for 2 more month after 15 April without salary; can I stay here for 2 month witout any paystub? Can my company do that just for 1 or 2 month? (I heard many companies do that)

2] In H1B extension online form given by my company; I need to write current client address where I work (no employer headquarter address). Since I am on bench so can I write my employer address instead? and start process my H1B extension?

3] If I have to go to India; I want to go after processing my H1B extension and I want to go after receiving new petition so that I can come back even after my H1B expire (sep 2009), so is it possible?

4] How many days it take for my H1B extension after filing date?

5] In case I have to switch my H1B to other company, how can I find companies who can sponser my H1B? Do anybody knows company names which I can look for?

[swngl05]

1] If I want to wait in US for 2 more month after 15 April without salary; can I stay here for 2 month witout any paystub? Can my company do that just for 1 or 2 month? (I heard many companies do that)

H1 Extension needs last 2 paystubs. If you do not have that then you'll be in real trouble. Also now-a-days, they ask for Clinet Contract, which in your case you'll not be able to give since you do not have a Job right now

My choice will be, get a Job ASAP, work for 2-3 months, get paystubs and then apply for H1B extension, but you need to apply for it before Sep 2009, anways

2] In H1B extension online form given by my company; I need to write current client address where I work (no employer headquarter address). Since I am on bench so can I write my employer address instead? and start process my H1B extension?

Never start an extension process without 2-3 paystubs and a real project. In current scenario, without both these documents the chances of H1B getting DENIED is too high

3] If I have to go to India; I want to go after processing my H1B extension and I want to go after receiving new petition so that I can come back even after my H1B expire (sep 2009), so is it possible?

4] How many days it take for my H1B extension after filing date?

Depends...
If all documents are clear, then 2 months, otherwise 2 months from the date you reply to the RFE.

5] In case I have to switch my H1B to other company, how can I find companies who can sponser my H1B? Do anybody knows company names which I can look for?

It is really tough outside. Now-a-days, no one is willing to transfer H1 for people who do not have a project. So even this option will work out only if you have a project.
BTW, if you want to transfer, make sure you have the latest 2 paystubs

[santy]

Thanks for reply.
As I mentioned already; I am getting pay stubs for my pending salary. My final pay stub will be on April 10. So till April 10 I can show paystubs.
And yes I am trying hard to find job and hoping for best.

1] So can I start my H1B extension right now?

[swngl05]

There is a very less(5%) chance that your H1 will be approved without an RFE. Now all H1s are getting RFE's.

I'm 95% sure you'll get an RFE asking for client Information, Contract details.
Now-a-days, they ask this to everyone. If you are not able to provide that within 60 days, then it is going to get denied outright...

One more option is to try transferring H1 to a BIG US Company, if you get a permanant Job. In this case, there'll almost be no trouble.

Or else, go to India with a Vonage Number, attend Interviews from there and come once you get a Job (Most Desi companies are now advicing)

Or, the best bet for you will be, try to find a different employer(Difficult Part), apply for a H1 transfer through him. If it is approved, well and good. If not you always can stay with your employer till sept 30.

Choice is yours

[santy]

I had a talk with my employer. He also suggested to go India immediately after my final paystub april 10 (he suggested before April 14 immediately to keep record clean to come back again).
Also he suggested me to give interview from india and once I will get job he will get me back. But when I asked him what if I will not get project till September how r you going to bring me back and how r you processing my extension? He said We will be starting few inshouse project for my technologies and he will show me and bring me on inhopuse project. Also he can always process my H1 extension before 2 weeks of expiry date.

1] Can company show inhouse project n brings H1B consultant?
2] Can he process before 2 weeks for H1B extension?

3] For option H1B transfer can anybody suggested website where I can find companies ready to transfer my H1B?

[swngl05]

I do not believe in anybody telling they'll have Inhouse projects, unless they had Inhouse projects earlier. It will be very difficult for you to convince the Visa Officer in India about the Inhouse Project Stuff...

Please do not stay in the country without paystubs. Because whenever you go for stamping Last 3 paystubs is very important. As long as your paystubs are run, it is fine to be here, Otherwise it is better to leave

Please read the reply from one of our memebers here
http://forum.path2usa.com/forum/showthread.php?p=116759#post116759

I'm sorry. I've no Idea of who is ready to transfer the H1 of a Contractor. But please try to get some permanat Job. That is quite possible. You can even try with one of the clients whom you worked earlier with if there is a position with them

[sudhamsh]

In current situation, even if you produce a client letter, it is subject to strict verification let alone the inhouse projects. Currently no consultant is dared to produce documents as in house project which will be denied outright. I have heard of the following incident one of my far off relatives. He went to India on some personal work leaving his wife and kid here (he has got a job). On arrival, the CBP officer stopped him, verified his details (with his employer and client, pay details etc.). But the officer was not satisfied and denied the entry. He argued that his position is stable and moreover he has wife and kid in the country, if he is denied entry, they will suffer. Finally, the officer gave him 3 weeks to enter and leave the country with his wife and kids. He left the country. So either try to get a job while you are here and being paid or leave the country as soon as you complete your current project and do not expect to join a project with short gap. And never try to enter unless you have a solid job and supporting documents.