Can my friend come here by having new H1B papers, but not getting stamped on his passport

Hi,

My friend went to his native country last month, and his current H1B visa is going to expire on June 15th 2003. He doesn't have any pay slips or any thing with his current employer, and in fact that company is not existed any more. That's the reason he has found new employer and they have already applied for new H1B visa for him, but that's under processing right now. Here my question is, he wants to come to USA ASAP and could you tell me what will happen if he comes here before he gets his new H1B visa? Should he leave US before June 15th in order to get new stamp on his passport? Or can he stay here without getting stamped for his new H1B visa?

Also what will happen if he comes here after he gets his new H1B visa but without getting stamped on his Passport (because he doesn't have pay slips with his current employer, and that's the reason he doesn't want to go to American Consulate in his native country)? Can he stay here after June 15th, or again should he leave USA in order to get new stamp on his passport? Please let me know.

Thanks!!

Hi,

My friend went to his native country last month, and his current H1B visa is going to expire on June 15th 2003. He doesn't have any pay slips or any thing with his current employer, and in fact that company is not existed any more. That's the reason he has found new employer and they have already applied for new H1B visa for him, but that's under processing right now. Here my question is, he wants to come to USA ASAP and could you tell me what will happen if he comes here before he gets his new H1B visa? Should he leave US before June 15th in order to get new stamp on his passport? Or can he stay here without getting stamped for his new H1B visa?

Also what will happen if he comes here after he gets his new H1B visa but without getting stamped on his Passport (because he doesn't have pay slips with his current employer, and that's the reason he doesn't want to go to American Consulate in his native country)? Can he stay here after June 15th, or again should he leave USA in order to get new stamp on his passport? Please let me know.

Thanks!!

Since the company is no longer exist and he is unemployed, he cannot get the stamp. He must apply for visitor visa or wait for the new H1.