Need help with H-1B Stamping

[RajMalhotra]

Hey everyone,
My H-1B started in Oct 2014 with COS from F-1. I am planning to visit my home in October or November this year first time since then.
Also I have non-IT background and am working in my field for a small start-up. I am the only employee here on H-1B.
But I am not sure if I would be approved in Visa Interview (VI). I plan on changing the company too once I return since my visa is only valid till Aug 2017.

I wanted to ask:

1) If I don't get approved during VI or get 221(G) or RFE, how long will my H-1B be valid if my employer stops paying?
My employer won't pay me for more than 2 weeks for a leave I am 100% sure.

2) After denial, is there a way I could join some other firm or in worst case - a consultancy (which looks like only possibility) and transfer my H-1B from back home?

3) For going through stamping process, can you recommend a link where I can go through latest procedure and make my life easier.

Thanks in advance for this help.

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[lisaanderson]

If you are not physically in the US, the employer is under no obligation to continue paying you any more than they would pay all their other employees who go on vacation. You’re not in H-1B status if you’re not in the U.S. The H-1B is valid until August 2017 and, once you get the visa, you can return to the U.S. as long as it’s before August 2017 and you still have a job with your employer.

If the H-1B is denied, then another company can sponsor you for H-1B as you are cap-exempt.

You don’t really list why you think you will not be approved? If you have reservations, why not speak with an immigration attorney first?

[RajMalhotra]

Hi Lisa
Thanks for the reply. So that's great I will be able to go for stamping without worry for payment.
I am not sure if my visa would be approved because my degree is in Chemical engineering but my role says " Chemist". Also my pay although is as per requirements of LCA , it still pales compares to what people usually earn after my degree. My immigration attorney too told me to check if I can get stamped in Canada. Please let me know of your thoughts. Thanks for this help.

[RajMalhotra]

Any reply on this anyone? Will job title and pay affect my stamping? Also please let me know of the procedure. (Just making sure)

[lisaanderson]

Hey everyone,
My H-1B started in Oct 2014 with COS from F-1. I am planning to visit my home in October or November this year first time since then.
Also I have non-IT background and am working in my field for a small start-up. I am the only employee here on H-1B.
But I am not sure if I would be approved in Visa Interview (VI). I plan on changing the company too once I return since my visa is only valid till Aug 2017.

I wanted to ask:

1) If I don't get approved during VI or get 221(G) or RFE, how long will my H-1B be valid if my employer stops paying?
My employer won't pay me for more than 2 weeks for a leave I am 100% sure.

2) After denial, is there a way I could join some other firm or in worst case - a consultancy (which looks like only possibility) and transfer my H-1B from back home?

3) For going through stamping process, can you recommend a link where I can go through latest procedure and make my life easier.

Thanks in advance for this help.

Going to Canada for stamping may be a good option if you have a US degree.

The degree is an issue you will need to be ready to defend. Honestly, how are you, as a chemical engineering graduate, qualified to be a chemist or perform the duties that are listed in the Support Letter? Was there an RFE regarding this? What did the employer/attorney argue? You should be ready to say the same. If there was no RFE from USCIS and you can’t answer that question, then you may just want to stay put.

[RajMalhotra]

Going to Canada for stamping may be a good option if you have a US degree.

The degree is an issue you will need to be ready to defend. Honestly, how are you, as a chemical engineering graduate, qualified to be a chemist or perform the duties that are listed in the Support Letter? Was there an RFE regarding this? What did the employer/attorney argue? You should be ready to say the same. If there was no RFE from USCIS and you can’t answer that question, then you may just want to stay put.

Hi Lisa
Thanks for the response. I didn't get any RFE when my H-1B was filed. I am not sure but if I say "I had taken one subject during my Masters in Chemistry department related to which is my current employment" Will this work?