H1 RFE wrt to Paystubs - Help

nithunithinsnp

New Member
H1 RFE Situation.
1. I was let go from Company ‘A’ on 15th March 2013. I have paystubs up to Feb 28th 2013 with Company ‘A’.
2. March 1st to March 6th 2013 visited India.
3. March 7th to March 15th 2013 didn’t work due to health problem. So there is no paystubs with Company ‘A’ from March 7th to March 15th 2013.
4. Company ‘A’ Sent H1 withdrawal to USCIS on 31st March 2013.
5. Moved to Company ‘B’ on March 13th 2013 by signing an agreement and paid some money by BOFA transfer.
6. Company ‘B’ promised to apply my H1 transfer immediate – he even sent me an email on 25th March to sign an agreement to apply for H1, however he didn’t send H1 docs to USCIS until June 26th 2013, USCIS received it on July 9th 2013(regular processing). But he started my paystubs from June 1st 2013 till Aug 2013.
7. During H1 transfer with Company ‘B’ – I joined another company ‘C’, they also applied my H1 transfer in Premium and generated my payroll from Sep 2013.
8. Company ‘C’ sent my H1 Documents to USCIS on Sep 11th 2013 and USCIS received it on Sep 26th 2013.
9. Got RFE for both Company ‘B’ and ‘C’ H1 petitions
a. Got an RFE for employer ‘C’ H1 petition on Oct 10th 2013 (premium).
b. Employer ‘B’ H1 petition got RFE on Oct 11th 2013(regular).
c. I only have RFE for employer ‘C’ – where USCIS is asking for last year W2 form and paystubs from Jan 1st 2013 to Sep 26th 2013.
10. Problem is I don’t have paystubs from March 1st 2013 to May 31st 2013 -> 3 months.
11. I am going to India in Nov 15th 2013 and planning to come back in Dec 15th 2013.

Any Help is greatly appreciated
 

del0175

Registered Users (C)
Sir, I am sure that your sponsors must be doing this paperwork with the help of employers. Are you not in touch with them? They are the ones who will help you with how to respond to a RFE. It seems that the USCIS suspects that you violated the terms of the visa you had and may have been out of status during this period. This forum is not the place for complicated answers like this and it is best to let your attorney handle this matter.

BTW, it is always a bad idea to leave the US when your visa situation is not solid; if you are denied entry at the airport you are screwed.
 

Hexa

Registered Users (C)
You can only take advantage of H-1B portability before your status runs out. Since your H-1B with company 'A' was terminated on March 15th while the new H-1B from company 'B' wasn't submitted until June 26th, then there was a gap when you were out of status. Needless to say when you're out of status you're not supposed to work, so showing paystubs for this period is actually giving them proof of unauthorized employment. That is not good at all, because it can make you inadmissible forever.

If you are out of status even for a day theoretically you can't move to a different company; the IO can exercise discretion and allow it, but I don't know the circumstances that would lead him to be lenient.

Your case is very complicated, and a meticulous IO might conclude that you were trying to abuse the system by using company B as a bridge. You need a lawyer, and a very experienced one at that.
 
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