Layoff - H1 transfer - paystub question

[deepbob]

Hi,

Working for Company A. Laid off. They haven't
explicitly told they'll cancel the H1. I'm assuming
they won't.

Mulling over some job opportunities.

Question is: when I do H1 transfer how much old
paystub does BCIS (CA service center) accept
(without generating RFE) ?

Is 15 days- 1 month old paystub ok with BCIS ?
Any such experiences ?

thanks
deepbob

 

[nkm-oct23]

Originally posted by deepbob
Hi,

Working for Company A. Laid off. They haven't
explicitly told they'll cancel the H1. I'm assuming
they won't.

Mulling over some job opportunities.

Question is: when I do H1 transfer how much old
paystub does BCIS (CA service center) accept
(without generating RFE) ?

Is 15 days- 1 month old paystub ok with BCIS ?
Any such experiences ?

thanks
deepbob

Your H1 status expired on the last day of employment, whether employer cancelled H1 or not. However, BCIS/INS considers H1 transfer after layoff on a case by case basis. If you do not have any other status violations, they *might* approve H1 transfer
for upto 2 months after layoff. This is a discretionary process and will vary from person to person.

 

[armie]

Last fall, I applied with pays stubs out of date by 6 weeks and got approved from NSC. YMMV. Premium processing might be helpful as they do not send too many RFE on it. You can also apply for visitor visa, by the time a decison is made on that, you can get about 4 months to do a H1 transfer.