h1 transfer with no paystubs

A

anotherdesi007

Registered Users (C)
Hi!,

Case: The person concerned has a h1 from desi company A (US based) and was on a project with client X. Project ends and the person immidiately goes to india for a extended vacation for 2 1/2 months. Offcource company A does not pay for that period. While in india, the client X agrees to make the person full time and files for a h1 transfer. The person returns from India on company A's H1 assuming that company A will find a project for a short term and then then join the client X once the transfer reciept is in hand . On returning, Company A cannot find a project for two weeks. The h1 transfer reciept comes in hand after those 2 weeks and the person joins the client as full time employee since the h1 transfer is already filed while the person was in india. But the problem here is the person did not have pay stubs for the time while in india and the extra 2 weeks while in US on returning.

Since the h1 transfer was filed without the recent paystubs, the INS has requested the recent paystubs till the h1 transfer reciept date. What are the possible options in this case to go through a safe transfer.

Thanks.
 
There is no other way, he or she has to submit the current or what ever the latest pay stub is available and try for his luck.

BaSh:cool:
 
Thanks. So what is the worst case scenario that may happen if the INS does not approve the transfer?. Do you think the person should withdraw the petition and go to India as a safe bet?. Can the person come back as a J2 dependent?.

-anotherdesi007
 
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What they are really interested in, is confirming that the applicant was not out of status - i.e. was always employed while he was in the US. This is why they ask for paystubs.

Now, since the applicant was on unpaid vacation, he/she should write a letter to INS explaining the lack of recent paystubs - along with proof (exit/entry stamps on the passport) that the applicant was indeed out of the united states. Get a decent lawyer to draft this letter.


Originally posted by anotherdesi007
Thanks. So what is the worst case scenario that may happen if the INS does not approve the transfer?. Do you think the person should withdraw the petition and go to India as a safe bet?. Can the person come back as a J2 dependent?.

-anotherdesi007
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