H1 transfer after 20 days - need help

[agp]

Hi,

Employer laid me off due to bankruptcy 20 days ago. Was on H1-b. Found a new employer who is willing to sponsor h1-b. Since 20 days have passed will I have a problem?

1)Do I need to tell the new employer about the 20 day out of H1-b (kind of out of status I guess)?

2)Can the new employer ask for previous paychecks? (in return they will find out the gap)?

3)Does USCIS require I submit previous paychecks to show that I was in status when filing for the H1-b transfer? Or do they issue a RFE randomly? If an RFE comes long how do I handle this situation? Is there a law that cover cases like this?

Thanks in advance everyone.

 

[kd1403]

agp:

1)Do I need to tell the new employer about the 20 day out of H1-b (kind of out of status I guess)?
Answwer: Recommended.
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2)Can the new employer ask for previous paychecks? (in return they will find out the gap)?
Answer: Yes.

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3)Does USCIS require I submit previous paychecks to show that I was in status when filing for the H1-b transfer? Or do they issue a RFE randomly? If an RFE comes long how do I handle this situation? Is there a law that cover cases like this?
Answer: Yes. RFE is on case by case basis. RFE = Request for evidence so when USCIS needs evidence for certain things then they issues a RFE...so more than random it is based on each individual case. Best way to handle RFE is by responding with appropriate evidence as requested.
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Based on generic experience, 20 day gap is not a red flag, especially not in this soft economy!