H4 to H1 and immediate H1 transfer got RFE

[Venkata Ganji]

Hi All
Thanks for your help in advance.I have applied H1 this year and its approved basically it is a H4 to H1 with change of status. I have applied H1B transfer to new employer on 19th October. I got a RFE on my H1B transfer "Maintenance of Non Immigrant Status". Basically they are asking me to provide some proof that I am on H1B till 19th October. My previous employer not generated any pay stub and have not shared H1B copy. So could you please let me know what supporting documents we can provide that I am on H1B till 19th.

Thanks

[raghvi]

Hi All
Thanks for your help in advance.I have applied H1 this year and its approved basically it is a H4 to H1 with change of status. I have applied H1B transfer to new employer on 19th October. I got a RFE on my H1B transfer "Maintenance of Non Immigrant Status". Basically they are asking me to provide some proof that I am on H1B till 19th October. My previous employer not generated any pay stub and have not shared H1B copy. So could you please let me know what supporting documents we can provide that I am on H1B till 19th.

Thanks

The previous employer is legally bound to pay you. Basically you are currently out of status. When one is out of status a Change or transfer may not be approved with a I94.

This is my opinion not legal advice.

[shervin143]

You H1B employer is supposed to pay you irrespective of whether they can provide you work or not. If not, you can file a complaint with DOL and make them pay. Once they pay you, you will be in-status and a transfer is possible. You need a copy of the H1B approval notice to initiate the transfer or to respond to the RFE. Check the below links.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/