H1B Transfer RFE Case study. While Switch to another employer

[sowjanya.koka]

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

Recently I have resigned from company A, my last working day on August 15th 2013 and joined in another company C on Sep 4th 2013. Company C has filed the H1B on Sep 1st with regular processing and I received a RFE 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 cannot provide to USCIS. This may cause may be denied and/or CIS may issue an approval without an I-94 therefore.

1) In My case I don't want to take risk that's why now I am planning to move to Company B which has approved petition (Valid petition From Jan 2013 to Sep 2015). Can I switch to company B? if yes what is the necessary actions to-do by company B.
2) If I switch to company B do I need to go for stamping (I have a valid visa till Sep 2014)?
3) If I join company B, do company C has to revoke the existing petition filled which has the status of RFE.


Thanks in advance

[raghvi]

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

Recently I have resigned from company A, my last working day on August 15th 2013 and joined in another company C on Sep 4th 2013. Company C has filed the H1B on Sep 1st with regular processing and I received a RFE 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 cannot provide to USCIS. This may cause may be denied and/or CIS may issue an approval without an I-94 therefore.

1) In My case I don't want to take risk that's why now I am planning to move to Company B which has approved petition (Valid petition From Jan 2013 to Sep 2015). Can I switch to company B? if yes what is the necessary actions to-do by company B.
2) If I switch to company B do I need to go for stamping (I have a valid visa till Sep 2014)?
3) If I join company B, do company C has to revoke the existing petition filled which has the status of RFE.


Thanks in advance

You seem to be posting bits and pieces of your situation in different forum posts. Better if you compile the whole into one clear post for forum members to suggest.

This is my opinion not legal advice.