H1 Transfer RFE

C

chip_shri

Registered Users (C)
Hello
My H1 approved on Oct 12th'04(with Company A).
Got new job (Company Y),applied for H1 transfer and started working on the basis of LIN number.
Received RFE on feb 23rd'05(For not submitting latest paystub from company A),also asking for current job description and current manager's contacts.
Suppose to respond to query by end of Jun'05.
Just wondering if INS rejects the case then can i go back to previous company A and start working with them without having any paper work with INS.
If not in case INS approves the pending case and ask to get stamp done in india and come back ,how tough will be that.
Pls. let me know your expertise here.And help me out in this situation.

Regards
YUP_MI
 
chip_shri said:
Hello
Received RFE on feb 23rd'05(For not submitting latest paystub from company A),also asking for current job description and current manager's contacts.
Click to expand...

Just send current pay-stubs from new company and pay-roll summary YTD from old comapny along with other paperwork. You will get approval.
 
Thanks for your quick response.
Well here is what happened before my H1 approval with company A.
I was on L1 visa with validity date till Au'05.
Company X broght me on L1 visa to work in US.
I have filed my H1 with company A in May'04.
But in the mean time Jun'04 company X want me to go back to India which i declined.So i resigned and stayed in US only from Jun'04 to Oct'04 untill my H1 case was approved with company A without any pay-stub.
So when i filed for H1 transfer to company B i have submitted pay stub from company X since i didn't had any pay stub to submit from company A.

Pls. suggest for the same,
 
chip_shri said:
stayed in US only from Jun'04 to Oct'04 untill my H1 case was approved with company A without any pay-stub.
So when i filed for H1 transfer to company B i have submitted pay stub from company X since i didn't had any pay stub to submit from company A.

Pls. suggest for the same,
Click to expand...

L1 to H1 is a change of status, does not need paystubs, since it's Fresh H1.

H1 transfer, it's absolute to have paystubs that you are working to H1 sponsor to be in status. Not working for H1 sponsor is H1 violation. Employer not paying h1 holder also violation. If you can not get pay stubs, ask for a letter like LOA -Leave of Abcense letter and check with lawyer that will help or not. Otherwise, you gotto work for A.
 
RFE Responded

My attorney responded to the RFE with required detailed.
But my attorney is saying there will be 2 outcomes.

1.H1 transfer case may be rejected.
So in that what will be my options,can i go back to company A and start working for them without submitting any more paper work to INS.

2.H1 transfer case may be approved but need to go to India to get stamp. then come back to USA as on a new visa.
Is there will be any problem there in India if i will go for stamping.

Pls. respond to this.
 
chip_shri said:
My attorney responded to the RFE with required detailed.
But my attorney is saying there will be 2 outcomes.

1.H1 transfer case may be rejected.
So in that what will be my options,can i go back to company A and start working for them without submitting any more paper work to INS.

Right. Only tranfer denied. Still, H1 with A is active. So, you can just resume working with A.

2.H1 transfer case may be approved but need to go to India to get stamp. then come back to USA as on a new visa.
Is there will be any problem there in India if i will go for stamping.

Right. You are out-of-status as you not working on approved-H1 of A. you need to get stamped to activate H1 transfer and reset/clear your out-of-status stay in US.

I dont think any problem at consulate. But, take all the paperwork like offer letter, request letter from employer to consulate to issue H1,... prior tax returns...

If dont wanna take any risk, work for A till you couple of pay-stubs and go for stamping.



Pls. respond to this.
Click to expand...
 
Last edited by a moderator:
* Responded to RFE last week itself.
So when can i expect the reply from INS on this(How much time).

*If it's rejected you said i can go back to company A.
But then what was my status be counted here from the day company B applied for my H1 Transfer untill the day the case got rejected.
Is it was out of status eventhough i was working for that company on contineous pay-roll after filing H1 transfer.

*On the other hand If the case gets approved and i was asked to visit India and get my visa re-validated,stamp and then come back.
So in that case do i need to go immidiately to India to do that or
i will be given sometime to do that as i am working here on contineous pay-roll.

Thanks
 
chip_shri said:
* Responded to RFE last week itself.
So when can i expect the reply from INS on this(How much time).

Did you lawyer attache your 'A's pay stubs or current B's ?
If A's paystubs not attached, then see my comments..

*If it's rejected you said i can go back to company A.
But then what was my status be counted here from the day company B applied for my H1 Transfer untill the day the case got rejected.
Is it was out of status eventhough i was working for that company on contineous pay-roll after filing H1 transfer.

Yes, it's results in unauthorized employment if trasfer is denied. one can work/stay illegally less than 180 days and can adjust status by re-entering and by penalty when you are filing 485/GC.

If you go back to A, you may not be out-of-status under the assumption that you are keeping employer/employee realtionship and once you get paid soon and A did not cancel your H1. Discuss with your lawyer.

*On the other hand If the case gets approved and i was asked to visit India and get my visa re-validated,stamp and then come back.
So in that case do i need to go immidiately to India to do that or
i will be given sometime to do that as i am working here on contineous pay-roll.


you have to do that immediately since you are out-of-status, and need to make your H1 status active. Your lawyer will guide you better way in this.

Thanks
Click to expand...
 
Hi
Last week my H1 transfer RFE case been approved.But still waiting for the approval notice package from their side that was mailed last week itself.
In case in the approval notice if they ask me to get the stamping and ravalidation done for the newly approved h1 trasfer visa is it necessary that to get it done only in India.Can't i do it in Canada/Mexico?
Pls. let me know.

Thanks And Regards
 
chip_shri said:
Hi
Last week my H1 transfer RFE case been approved.But still waiting for the approval notice package from their side that was mailed last week itself.
In case in the approval notice if they ask me to get the stamping and ravalidation done for the newly approved h1 trasfer visa is it necessary that to get it done only in India.Can't i do it in Canada/Mexico?
Pls. let me know.

Thanks And Regards
Click to expand...
Congratualations !! I'm not sure you can do in third country for status-change L/H. Check with lawyer. There is 3+ months waiting time in India for appointments.

Would you share some details how's your attroney managed/sent RFE response for missing paystubs from A? Did attorney send paystubs of B only? Your input would help other folks who are stuck in same situation.
 
I have received the approval notice package last weekend.
looks like just a normal approval but it's approved till this Oct'05 only.
It's not asking to do visa revalidation in India.
So that also means i no need to go to India for stamping/revalidation.
I can continue working here for the current company untill Oct'05 without any problem.
But before it's expiry date(Oct'05) the current company has to apply for a new petition to extend the period.
FYI: I-94 is also given till Oct'05 only.
In case i need to travel to India then it requires to have new valid H1 visa to re-enter US.
Canada/Mexico (30 days solely trip accepted without a new visa).
So as far as i am in US i will be fine by extending my visa by this Oct but if i plan to travel to India i need to stamp my visa.

My attorney has submitted my previous exp letter,salary slips(whatever the last available),current client details,contact info,my current job roles and responsbilities,Explanation letter how my profile fits for the current job duties,
Company details etc. in the evidence for RFE case.

Luckily it's approved without any further problem.
Best of luck folks,hope you guys will not have similar problem like me.
If any info req'd from my side pls. let me know.I will try to answer as much.

Thanks And Regards
 
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