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  • H1 transfer extension with out pay check

    I came to US in Jun 2015 on Employer A H1-B visa. But I did not work with that employer.
    On Jul 2nd 2015(before completion of 1st month) Employer B has filed transfer for extension.
    In Nov we have received RFE asking Employer A's pay check along with other documents(client letter, SOA etc,.). Have all proper documentation except Employer A's pay check. My Employer says in this case USCIS will approve our H1 petition but they wont give I-94, you have to cross the country for stamping ..

    1) Is this correct ?
    2) If not, what should I take care to make sure USCIS not denying my case. (Employer B going to respond RFE in last week of this month.)
    3) Is there any chance to approve this case without Employer A's pay check.

    I'm worrying like anything on this, Please understand my situation and suggest me the way to overcome this case.

    Thanks in advance.

    - Nvn

  • #2
    1) Is this correct ?
    >>> Yes, you need to leave and re-enter with employer B's approval notice.

    2) If not, what should I take care to make sure USCIS not denying my case. (Employer B going to respond RFE in last week of this month.)
    >>> You need employer A's payslip to prove that you maintained your H1B status. You were out of status on H1B when you filed your transfer and that is an issue.

    3) Is there any chance to approve this case without Employer A's pay check.
    >>> Nope, especially after an RFE is issued.

    I'm worrying like anything on this, Please understand my situation and suggest me the way to overcome this case.
    >>> There is no other option (Unless you can make employer A pay for that period and generate a pay slip). Your best option is to leave the country and return back when employer B's petition gets approved. That will reduce your out of stay period in U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Is this correct ?
      >>> Yes, you need to leave and re-enter with employer B's approval notice.

      2) If not, what should I take care to make sure USCIS not denying my case. (Employer B going to respond RFE in last week of this month.)
      >>> You need employer A's payslip to prove that you maintained your H1B status. You were out of status on H1B when you filed your transfer and that is an issue.

      3) Is there any chance to approve this case without Employer A's pay check.
      >>> Nope, especially after an RFE is issued.

      I'm worrying like anything on this, Please understand my situation and suggest me the way to overcome this case.
      >>> There is no other option (Unless you can make employer A pay for that period and generate a pay slip). Your best option is to leave the country and return back when employer B's petition gets approved. That will reduce your out of stay period in U.S.

      Thank you shervin !!

      As you said, without Employer A's pay check there will be no chance for approval. If I leave the country, is there any possibility of my current petition would approve ?
      (why i'm asking this because you mentioned "Your best option is to leave the country and return back when employer B's petition gets approved")

      And other question, Can I make Employer A pay for that period now (I mean that period already has passed right) ?

      Comment

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