H1 transfer after 6 weeks

[kalpanalulay]

Hi,
My project got over end of Jan 2005 and my company did not have anything else for me, hence i got laid off. I found another job but by the time the paper work could all be completed and sent to INS it was March 25th. The last pay stub i got was on Feb 11th.
My lawyer while filing did not send the last 2 paystubs as he felt that it might arise questions. Now we just got a letter back from them asking for the paystubs.
My question is that will they reject appoving my visa since i was out of work for 6 weeks. My lawyer says that i might have to go to india and get it stamped? and once the letter comes in and if i am rejected approval then i am out of status. Also the wait period in India is a minimum of 2 months.

If anyone has been in this situation or knows about it please let me know.

 

[strikerjax]

same situation here

I quit my job at end of Jan'05 and took another one in Feb. But the
idiots at the new company decided to file the H1 in Apr'05 without sending
paystubs. I got a query asking for paystubs. Now we sent our previous paystubs and the new ones from the new company. For the period when I dont have any paystubs, I sent in a medical letter stating I was sick & recovering (I fell ill in Feb/Mar)
So basically the lawyer suggested getting medical documentation showing that I was sick for the period.

Now I am waiting to hear back form uscis.

 

[kalpanalulay]

In my case my lawyers have not suggested anything and I wonder why I pay them so much. Anyway, a friend of mine suggested that I get a letter from my present company. So my company gave me a letter stating when they interviewed me and when the offer letter was sent and due to company policies they could not apply before march 25th. All my lawyer had to say was that "it will not hurt to send this letter"
anyway, I just hope this is just a routine that they do and I get my approval soon
thank you

 

[great guru]

Hi,
My project got over end of Jan 2005 and my company did not have anything else for me, hence i got laid off. I found another job but by the time the paper work could all be completed and sent to INS it was March 25th. The last pay stub i got was on Feb 11th.
My lawyer while filing did not send the last 2 paystubs as he felt that it might arise questions. Now we just got a letter back from them asking for the paystubs.
My question is that will they reject appoving my visa since i was out of work for 6 weeks. My lawyer says that i might have to go to india and get it stamped? and once the letter comes in and if i am rejected approval then i am out of status. Also the wait period in India is a minimum of 2 months.

If anyone has been in this situation or knows about it please let me know.

You have two option, either you get h1 approved with I 94 at the bottom so that you canstart working strait away. Other wise you will get new H1, for that you have to go out of US and get visa to start working with new employer.
Unless your and your employer credentials are poor, your H1 will not get rejected straight away. Good Luck.

 

[kalpanalulay]

Thanks for the reply. I have already started working as my lawyer said that i could work from the day i get the reciept since this is only a transfer.