H1B Extension-RFE query

[daytona]

Hi All

I have applied H1B extension(Premium processing) on May 29 2014 and got a RFE on June 12 2014.

RFE says:

1)Need to submit pay statements from oct 2006 to may 29 2014
2)Beneficiary has reached a total of six years in H1B.Please submit proof -Labor or PERM documents..

My story-

1)I got visa on Mar 2007 through india based company and entered USA on July 2007.I worked until apr 2009 and after that moved to india and continued in the same
company in india.Before moving to india i transfered my h1 to a consulting company in usa and it got approved.

-July 2007 to Apr 2009(First trip)

2)I resigned from india based company and based on transferred pettion -US based consulting company i got visa on apr 2011 .I travelled to usa on May 2011 and worked
until apr 2012.In between i applied H1B extn and petition & visa got approved until sep 2014.

Due to personal reasons,i moved back to india and joined in india based company.

-May 2011 to Apr 2012(Second trip)


3)Again i travelled to USa on Sep 2013 and working in usa till now.

-Sep 2013 to til now.

Questions:

1)As per my understanding,i havenot crossed 6 hrs in USA .Submitted passport copies and Entry and exit dates might have mentioned in I129 suppl.doc.I dont know why
USCIS mentioned like this and dont know USCIS intention.
Any inputs?

2)Why are they asking pay slips instead of W2 forms?becasue i am not able to find payslips(2007 to 2009) in ADP.

3)I have valid visa until Sep 2014.Can i transfer My H1 to another company if my H1 extn denied before Sep 2014? and anyother solutions.

Requesting your suggestions on this.

Thanks

[raghvi]

Hi All

I have applied H1B extension(Premium processing) on May 29 2014 and got a RFE on June 12 2014.

RFE says:

1)Need to submit pay statements from oct 2006 to may 29 2014
2)Beneficiary has reached a total of six years in H1B.Please submit proof -Labor or PERM documents..

My story-

1)I got visa on Mar 2007 through india based company and entered USA on July 2007.I worked until apr 2009 and after that moved to india and continued in the same
company in india.Before moving to india i transfered my h1 to a consulting company in usa and it got approved.

-July 2007 to Apr 2009(First trip)

2)I resigned from india based company and based on transferred pettion -US based consulting company i got visa on apr 2011 .I travelled to usa on May 2011 and worked
until apr 2012.In between i applied H1B extn and petition & visa got approved until sep 2014.

Due to personal reasons,i moved back to india and joined in india based company.

-May 2011 to Apr 2012(Second trip)


3)Again i travelled to USa on Sep 2013 and working in usa till now.

-Sep 2013 to til now.

Questions:

1)As per my understanding,i havenot crossed 6 hrs in USA .Submitted passport copies and Entry and exit dates might have mentioned in I129 suppl.doc.I dont know why
USCIS mentioned like this and dont know USCIS intention.
Any inputs?

2)Why are they asking pay slips instead of W2 forms?becasue i am not able to find payslips(2007 to 2009) in ADP.

3)I have valid visa until Sep 2014.Can i transfer My H1 to another company if my H1 extn denied before Sep 2014? and anyother solutions.

Requesting your suggestions on this.

Thanks

1. Your legal representative would need to respond with clear letter mentioning all the entry and exit dates along with suitable proof of entry exit , passport entry, I-94 copies, boarding passes, ticket details etc. what ever you have.
2. Individual payslips prove valid status for all the months, W2 points to only annual income. It also would help you to prove the point 1 above. Prove with bank records if you have them.
3.Possible but you may face similar questions even if transfer to another employer.

This is my opinion not legal advice.

[daytona]

1. Your legal representative would need to respond with clear letter mentioning all the entry and exit dates along with suitable proof of entry exit , passport entry, I-94 copies, boarding passes, ticket details etc. what ever you have.
2. Individual payslips prove valid status for all the months, W2 points to only annual income. It also would help you to prove the point 1 above. Prove with bank records if you have them.
3.Possible but you may face similar questions even if transfer to another employer.

This is my opinion not legal advice.

Thanks for your opinion Raghvi...Its very helpful.

2.During 2nd and 3rd trip,it took 3-5 weeks time to find a project for me..at that time i did nt get any pay stub for that period..
Will this cause any issue?

Generic question-howlong can H1B holders stay in USA without payroll run?any idea?

Appreciate your help.

Thanks

[raghvi]

Thanks for your opinion Raghvi...Its very helpful.

2.During 2nd and 3rd trip,it took 3-5 weeks time to find a project for me..at that time i did nt get any pay stub for that period..
Will this cause any issue?

Generic question-howlong can H1B holders stay in USA without payroll run?any idea?

Appreciate your help.

Thanks

It is quite possible that those weeks can become an issue. You were technically out of status during those weeks. An H1B holder should not stay even for 1 Day without payroll unless its for genuine medical reasons.

We all know that under the radar many consultancies and body shopping firm do this, but the truth is that USCIS does not understand or accept "finding a project" kind of relationship that many consultancies and employee hold with each other. This concept is not the actual purpose/intent of H1.

Worst case USCIS may totally revoke the H1 if it sees that it was being misused.

This is my opinion not legal advice.

[daytona]

It is quite possible that those weeks can become an issue. You were technically out of status during those weeks. An H1B holder should not stay even for 1 Day without payroll unless its for genuine medical reasons.

We all know that under the radar many consultancies and body shopping firm do this, but the truth is that USCIS does not understand or accept "finding a project" kind of relationship that many consultancies and employee hold with each other. This concept is not the actual purpose/intent of H1.

Worst case USCIS may totally revoke the H1 if it sees that it was being misused.

This is my opinion not legal advice.

Thanks for your quick reply.

Can i work upto sep 30 2014(visa expr date) in usa if my H1 extn denied?



Thanks

[raghvi]

It depends upon what is mentioned in the denial notice. If they issue a NOIR and subsequent revoke then no you cannot continue to work.

This is my opinion not legal advice.

[daytona]

It depends upon what is mentioned in the denial notice. If they issue a NOIR and subsequent revoke then no you cannot continue to work.

This is my opinion not legal advice.

Thanks

[daytona]

It depends upon what is mentioned in the denial notice. If they issue a NOIR and subsequent revoke then no you cannot continue to work.

This is my opinion not legal advice.

I submitted RFE docs on 21st July and it got approved on 28 th July 2014.

Thank you guys !