H1-B Query - Transfer

mvnm00

Registered Users (C)
Hello!!!

Iam very thankful to all people who actively particpate and give sincere suggestions.

I have the following questions:

1. Is it necessary a latest pay stub in H1 transfer!!!

2. I have a valid visa through company 'A' till next year and is also stamped in my passport. I lost my job on 12/01/2001 and did not get any pay stubs after that. I got another job through company 'B'. This company has filed for an H1 transfer and receipt date was march'21. Since the new rule allows you to directly for any employer as soon as you get the receipt date and can be on a payroll. Iam getting pay cheks from my current employer (comany 'B'). After 7 long months i got a query from INS. It says

"submit evidence that shows beneficiary had been maintaining a valid nonimmigrant staus , as an H1B NI worker at the time of this petition. Submit most recent company 'A' pay statement.."

3. I do not have a pay statement after dec'15'2001 as i got laid off from the job and the employer didnot pay me any salary after i lost my job.

4. I want to know what kind of suporting document can i submit to INS that shows my valid NI status.

5. What is the alternative for me at this point?? Should i have to file a new H1 from a company 'X' (premium processing) or can i do it from my current employer (Company 'A').

6. Since my current employer (company 'A') has received the receipt date as soon as my H1 transfer was filed and i have been receiving active pay stubs since then (7 months), can i submit these as the proof of valid NI status???

7. At this point can i ignore the query and file for a new H1 (premium processing) through my current employer (Company 'A'). Is it safe and good idea??

I really appreciate for all your help and legal ideas in advance...

Thanks
MM
 
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