Need Help On H1 RFE - ASAP

V

vamsimaganti

Registered Users (C)
One of my close friend is traumatized and needs help - The principal alien has applied through Premium processing for H1 transfer and RFE was received last week, asking for w2's of past years. The problem here is that the w2 for those years has very low income, as he was out of job for 9 months out of the full year and his employer did not pay him. Would he be considered legally out of status for that year ? and would there be any problems regarding the status to issue him the H1 ? Or can he go ahead and submit the requested w2's with out any hesitation ?

All help is appreciated

Thanks
 
While on H1 per Laws No Job No Pay is considered Out of Status(there are arguments as to who will be more effected employer or employee but both are in trouble), if he submits the W2's there is a chance his H1 will get approved with Consular Notification and he will have to go out of the country and get his VISA stamping. Now since he is out of Status for more than 6 Months the consulate might deny the Visa


Thanks


Not a Lawyer so consult one before you procede
 
Thank you very much Sir. INS may issue with the notification of getting visa stamped in other country is ok with my friend. All he is worried is whether he will be asked to leave the country right away , as he was out of status for the previous year of 2002? For 2003 he was employed for the whole year, so no problem on that...
 
But are you authorized to continue working, or continue staying here legally if you get Counsuler processing? I don't think so. In this case, I would better check with an immigration attorney rather than get into any bigger problem than the one that he already is in. Just my opinion.
 
'Thank you very much Sir. INS may issue with the notification of getting visa stamped in other country is ok with my friend. All he is worried is whether he will be asked to leave the country right away , as he was out of status for the previous year of 2002? For 2003 he was employed for the whole year, so no problem on that..."

Once INS issues a notification of geeting stamped from other country your friend has no choice but to leave immediately and apply for his VISA, till he gets his VISA he cannot work thats my understanding

Thanks
 
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