Regarding H1B Status

suresh27

New Member
Hi, I worked for company A until July15. I resigned before i got the paystubs for that month(May 15 to July15) and joined a consultant(B) on July16th. ( I already transferred my H1B from A to B in June itself). But they didn't find the job for me until July30. Meantime I got offer from some other company (C) and i joined C on July31st. Company C filed for H1B transfer with H1B petition from A and company A's May month paystub. Then I received RFE from USCIS asking my last 2 months paystubs (ie May16-June 15 and June15-July15). Now Company A gave me paychecks for these monthss recently, only after i settled down everything like car and phone etc with them. But the thing is they issued me the 2 paystubs on the same day and with same pay period (ie from July 15 to Aug 15 .. Thats how their pay roll works). Now i have 2 questions:

1. Will USCIS accepts these paystubs as these paystubs were generated after RFE was given? Again these two paystubs have the same day and same pay period, So will this create any issue?
2. Suppose in worst case, if my H1B is rejected for company C, Will i be on H1B Status?. Can I continue to work for company A or B?


Please advice what should i do in this scenario..

Thanks
SureshKumar
 
There is a strong likelihood that you generated paystubs by arranging with your employer. It would be unlawful if that were the case and the effect would be permanent bar to entering US. That aside, if all your facts are genuine, you can present them to the USCIS by appropriately documenting them and hope that USCIS considers them.
 
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