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.
 
possible sugesstions

I want to know which one is a good suggesstion?

The options are:
1. Continue to try for the extension of status.
- Since the person did not work for them when you returned the extension of status may be denied. One could document as much as possible stating the reson for not working for company A on returning to US and joining client X.
- If the extension of status is denied, the permission to work for client X will terminate on the date of denial. The person would also need to return to India asap to apply for a new visa based on the approval of the H-1B of client X.

2. One could withdraw the request for an extension of status and ask for consular processing abroad. On receiving the approval of the H-1B the person would need to leave the US either to apply for a new visa in India as above, or to re-enter based on the approval notice and the old visa from company A.

Please help!.
 
1. Provide old paystubs and ask company A to provide letter indicating vacation without pay.

2. Better option. But will have to wait till Oct 2004 since it is a new H1 which will be counted against the cap- although some argue that this will not come under the cap. Requires a wily lawyer.
 
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