hi all,
I was working in company A, and was not getting paid so I moved to Company B, and filed for my H1B transfer.
There was a period of time from 01/21/2007 to 03/16/2007, where I don't have a paystub as I am not getting paid by the company A. But I am actually working in thatperiod of time in Company A. On 03/09/2007 we got the receipt number to my H1b transfer so I started to work for the Company B.
When I got the RFE from USCIS asked for the evidence we submitted all the w2's and paystubs except that period of time, and we sent an experience letter from my Company A to support that period, stating that I am still employed. And we stated the reason not having pay stubs is because I was on a unpaid leave.
Now USCIS approved my H1B and is saying that "No evidence was submitted to prove that the bebeficiary was engaged in employment with his previous employer prior to filing. Therefore,the petitioner has failed to prove that beneficiary had been maintaining his status. As such, the beneficiary was in violation of his H-1B status at the time of filing the petion for extension.
The beneficiary has failed to maintain his nonimmigrant status and is therefore ineligible for the requested extension of stay. Accordingly, the request for extension of stay is denied."
and my old H1B from Company A is expired on 04/08/2007.
What are my options here. any help is greatly appreciated.
I was working in company A, and was not getting paid so I moved to Company B, and filed for my H1B transfer.
There was a period of time from 01/21/2007 to 03/16/2007, where I don't have a paystub as I am not getting paid by the company A. But I am actually working in thatperiod of time in Company A. On 03/09/2007 we got the receipt number to my H1b transfer so I started to work for the Company B.
When I got the RFE from USCIS asked for the evidence we submitted all the w2's and paystubs except that period of time, and we sent an experience letter from my Company A to support that period, stating that I am still employed. And we stated the reason not having pay stubs is because I was on a unpaid leave.
Now USCIS approved my H1B and is saying that "No evidence was submitted to prove that the bebeficiary was engaged in employment with his previous employer prior to filing. Therefore,the petitioner has failed to prove that beneficiary had been maintaining his status. As such, the beneficiary was in violation of his H-1B status at the time of filing the petion for extension.
The beneficiary has failed to maintain his nonimmigrant status and is therefore ineligible for the requested extension of stay. Accordingly, the request for extension of stay is denied."
and my old H1B from Company A is expired on 04/08/2007.
What are my options here. any help is greatly appreciated.