H1 Tranfer before working for the first employer. RFE. No Paystubs.

[newindian]

Hi,

I'm in a situation here. Any advice on this would be really appreciated.

I got my H1 stamped through company A. As soon as I came to US, Company B had filed a petition to transfer my H1 to them through premium processing, in CA service center. I have not worked under A, and hence I dont have any pay stubs. Now, the status of the case in the USCIS site shows that they have sent an RFE. The lawyer is yet to receive the RFE, but he thinks it should be regarding paystubs.

If that is the case, lawyer is planning respond saying that I have not worked for Company A due to various reasons, and hence I dont have any Pay Stubs.

I'm concerned if USCIS will accept this. Anybody has experience in a similar situation ? Any information on this would he really helpful to me.

Thanks,
NewIndian

 

[cbalas]

Company A should support you

In this issue, only Company A can help you. If you have not told Company A about your travel to US, then you did wrong by coming to USA.

If Company A knows about it, then you can ask them to run one payroll for you or get a letter from them that you are an employee of the company and that should do to respond for RFE.

If your case is filed in premium processing, RFE will come by fax to your attorney on the same day. They do not need to wait for the mail. Check with your attorney again about the RFE by fax.