RFE during h1 transfer for more paystubs

M

mkimmi

Registered Users (C)
H1 transfer with RFE

I received RFE during h1 transfer to another company. My situation is little different.

until 10/30/2006 - was working by Company A
11/01/2006- Company B (but filed h1 transfer 12/14)
11/01 - 12/31 - no payroll from companyA nor companyB, but working
01/01/2007- Started payroll
03/24/2007-received RFE

By GC offer, i took some hasty decision to join one company B. That companyB has delayed filing my h1 transfer for about 6 weeks though i continue working at same client place. Company A releived me officially on the day i requested them thinking that companyB files my h1-transfer propmtly. But they didnt. Now i have RFE from INS asking for 3 months paystubs prior to current application date. I can only provide 6 weeks paystub,i couldnt provide another 6 weeks paystubs. how should i respond. my employer saying we will respond INS saying i was on leave for the peropd which we dont have paystubs. please let me know if any one of you had similar situation, that would be very much help for me.

Thanks
 
It was often said in this forum, do not join the company unless you see the H1 transfer receipt by your own eyes.

Most of the time - transferee ignore this point.

You / your atttorney have to write to USCIS, the fact why you do not have the pay stub.
Wort case transfer may not be approved but your new H1 gets approved. You may need visa stamp to start with your new sponser.
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mkimmi said:
H1 transfer with RFE

I received RFE during h1 transfer to another company. My situation is little different.

until 10/30/2006 - was working by Company A
11/01/2006- Company B (but filed h1 transfer 12/14)
11/01 - 12/31 - no payroll from companyA nor companyB, but working
01/01/2007- Started payroll
03/24/2007-received RFE

By GC offer, i took some hasty decision to join one company B. That companyB has delayed filing my h1 transfer for about 6 weeks though i continue working at same client place. Company A releived me officially on the day i requested them thinking that companyB files my h1-transfer propmtly. But they didnt. Now i have RFE from INS asking for 3 months paystubs prior to current application date. I can only provide 6 weeks paystub,i couldnt provide another 6 weeks paystubs. how should i respond. my employer saying we will respond INS saying i was on leave for the peropd which we dont have paystubs. please let me know if any one of you had similar situation, that would be very much help for me.

Thanks
Click to expand...
 
Last edited by a moderator:
clarify

Great guru,

Thanks for response. what do you mean by 'your new H1 gets approved', please clarify. i have only applied h1 transfer and didnt apply any other h1 petetions. Thanks

You said:
Wort case transfer may not be approved but your new H1 gets approved.
 
1. H1 transfer applied - H1/EOS extended (H1-H1) approved (I 94 comes with it) you can start immediately with your job

2. h1 transfer applied - EOS (extention of status) denied (h1-H1 is not extended) but H1 is approved as a new one. You can not start your job with out a new visa stamping.

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na
mkimmi said:
Great guru,

Thanks for response. what do you mean by 'your new H1 gets approved', please clarify. i have only applied h1 transfer and didnt apply any other h1 petetions. Thanks

You said:
Wort case transfer may not be approved but your new H1 gets approved.
Click to expand...
 
did your new employer billed at the client for two months ? I am not sure how can he do it without having H1 visa and LCA copy for you ?

Did your H1 visa was approved ?
 
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