Please help (Very Urgent)

[ratans]

Gurus,
please help . My friend is in problem in H1b transfer. He laid off on nov 5, 2003. he got his last pay check on nov21. he got a job offer in another company on nov26,2003. then his ne off filed h1b transfer in premium processing on dec 04, 2003 with his last pay check which is dated nov21. the new off thought that the pay check has small gap which should be ok for h1b transfer. But on dec11,2003 that they want last pay check from preveious company. My question

1. why ins is asking for another pay check?
2.Is there any chance INS might cancel the petition?
3. new company is thinking that the INS might not transfer the H1b to new company. does He have to go out of the US?
4. what is chance he has to get H1b transfer?
5. What should the office do? should the off tell the INS that he laid off by previous company?
6.After his laid of and before getting the new job his wife was really sick. she was in bed rest. my friend even didnt get chance to search job . did he get any benefits from as a humaniterian side?

please help my friend in this regard. i will be grateful to you guys. my friend's wife is still sick and he doesnt have any idea what to do.

 

[ginnu]

Gurus,
please help . My friend is in problem in H1b transfer. He laid off on nov 5, 2003. he got his last pay check on nov21. he got a job offer in another company on nov26,2003. then his ne off filed h1b transfer in premium processing on dec 04, 2003 with his last pay check which is dated nov21. the new off thought that the pay check has small gap which should be ok for h1b transfer. But on dec11,2003 that they want last pay check from previous company. My question

1. Why ins is asking for another pay check?
----- I hope BCIS wants to make sue he was on H1 status when H1 transfer was filed. Only USCIS can give you correct answer or a good lawyer. I have seen the cases where H1 transfer was approved if the gap in last pay stub was 10-15 days
2.Is there any chance INS might cancel the petition?
----- they may approve H1 extension if your lawyer argue the case and send reply or what they need. They may also approve it as NEW h1 with out any I-94 attached, in this case he should go out of US get H1 visa stamp based on NEW H1 approval notice and enter US with newI-94
3. new company is thinking that the INS might not transfer the H1b to new company. does He have to go out of the US?
----Read above, if he gets NEW H1 then he has to go out to get H1b stamp and enter with newI-94
4. what is chance he has to get H1b transfer
---- It is BCIS/USCIS; nobody can give you guarantee
5. What should the office do? should the off tell the INS that he laid off by previous company?
----- Lawyer who filed H1 transfer he knows what to do. If your new company filed H1 transfer without lawyer go to good lawyer he may help you
6.After his laid of and before getting the new job his wife was really sick. she was in bed rest. My friend even didn’t get chance to search job . did he get any benefits from as a humanitarian side?
----- to be honest NO benefits, it all depends on the BCIS officer