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Question reg. RFE (Submit Paystubs) on H1B Transfer

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  • Question reg. RFE (Submit Paystubs) on H1B Transfer

    As i have resigned from Company A date on August 15th and moved to Company B on Sep 4nd 2013. Company B has filed the H1B on Sep 1st with regular processing and i received a REF of my H1B process and they are asking to provide the earning statements/ Pay stubs from Aug 1st to Aug 30, 2013.

    As i have resigned from my previous company A on August 15th 2013 and joined in Company B. In this span of time i have the pay check/Pay stub from Aug 1st to Aug 15, 2013. but i don't have the paycheck from Aug 16th to Aug 30th 2013. Finally i can provide my 15 days paycheck to USCIS, but remaining 15 days paycheck i can not provide because i am in vacation in that time.

    Can you please advice what we can do to approve my H1B without any issue.


    Thanks in advance...

  • #2
    Nothing. You were out of status at the time of filing. Also, since the petition was not received by USCIS before your last day at work, you are not even allowed to work for the new employer based on receipt. The only solution is to get the petition approved without extension of status, leave the US and return with H1B Visa.

    Consult an experienced immigration attorney of your own.
    This is my opinion and not legal advice.

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    • #3
      Thanks for your response. i have one more question i have valid visa and I94 till sep 2014. even though the status is invalid.

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