H1b transfer - RFE questions

[VSen]

Hai, plz suggest me what I should do :

I was with Employer A working until Feb 2015, as my project got over, I was in bench during March and April 2015. Now i got a very good long run offer from employer B, and they are ready to file my H1transfer with pay stubs until feb 2015 (since i was in bench during March & April, i didn't get paid , so i don't have pay stub for March & April 2015),

My question is :

1) how long it takes for Premium processing for H1b Transfer?

2) can i start working with the filling receipt from May 2015 with employer B ?

3) if I get RFE for not maintaining my status at March & April 2015, will USCIS cancel my previous H1 visa ? ( i have H1 visa from employer A till mid of 2016)

4)will USCIS ask me to go to the home country for new H1 stamping in case if i get RFE for not having March & April pay stub?

Thanks for you feed back

VS

[raghvi]

Hai, plz suggest me what I should do :

I was with Employer A working until Feb 2015, as my project got over, I was in bench during March and April 2015. Now i got a very good long run offer from employer B, and they are ready to file my H1transfer with pay stubs until feb 2015 (since i was in bench during March & April, i didn't get paid , so i don't have pay stub for March & April 2015),

My question is :

1) how long it takes for Premium processing for H1b Transfer?

2) can i start working with the filling receipt from May 2015 with employer B ?

3) if I get RFE for not maintaining my status at March & April 2015, will USCIS cancel my previous H1 visa ? ( i have H1 visa from employer A till mid of 2016)

4)will USCIS ask me to go to the home country for new H1 stamping in case if i get RFE for not having March & April pay stub?

Thanks for you feed back

VS

http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

H-1B workers must be paid the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit, or studying for a licensing exam.

Being on bench is not a valid reason to not get paid. You technically are currently out of status hence a transfer to another employer, premium or non premium , would not be approved. Even if petition is approved , it will be a I797B, that is without an I-94 needing you to leave US and re enter after getting the visa stamped.


This is my opinion not legal advice.

[VSen]

H1b RFE questions

http://www.dol.gov/whd/regs/complian...2/whdfs62I.pdf

H-1B workers must be paid the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit, or studying for a licensing exam.

Being on bench is not a valid reason to not get paid. You technically are currently out of status hence a transfer to another employer, premium or non premium , would not be approved. Even if petition is approved , it will be a I797B, that is without an I-94 needing you to leave US and re enter after getting the visa stamped.


This is my opinion not legal advice.

Thanks so much for replying and guiding me.

[ppkk]

Update Please

Hey! Vsen - Can you please let me know what happened in your case?


Regards,
ppkk