H1B without I-94

[karjun]

Hello,

Few background details,
-- During the period from APR 09-JUN09, I had no paystubs generated - this gap was due to lay-off and searching for a job/employer in the subsequent period.
-- Found a job by June end, applied for a H-1B from my new employer.
-- An RFE was issued on my pending H-1B case - to provide client details and a current/latest paystub from the employer.

My question - I have read/heard that there is a 50-50 chance of getting a I-797 without a I-94 because the gap without paystub has been more than 60 days. What would happen in such a scenario and what are the possible actions to be taken?

This is all speculation as of now, but, someone please clarify and relieve my anxeity.

[Subramanya]

Few background details,
-- During the period from APR 09-JUN09, I had no paystubs generated - this gap was due to lay-off and searching for a job/employer in the subsequent period.
-- Found a job by June end, applied for a H-1B from my new employer.
-- An RFE was issued on my pending H-1B case - to provide client details and a current/latest paystub from the employer.

My question - I have read/heard that there is a 50-50 chance of getting a I-797 without a I-94 because the gap without paystub has been more than 60 days. What would happen in such a scenario and what are the possible actions to be taken?

This is all speculation as of now, but, someone please clarify and relieve my anxeity.

---- You should go out of the US, get visa stamped on your Passport, if there is no I-94 with your H1 approval notice (I-797)

Subramanya

[karjun]

Thank You Subramanya ..

Missed one detail though, I have a VISA stamped (old employer) and it is active until APR 2010. Do I still need to attend Consulate? Would a nominal trip out of country and getting back in to obtain a I-94 at the Port of Entry be sufficent?

[karjun]

more advice anybody?

[karjun]

After the intial RFE about Client and Vendor Details and latest Paystub with new employer, I have another RFE issued, waiting to see what it is.

Is there anybody in a similar situation with 2 RFE's issued one after the other?

[txh1b]

Unless what it is for is known, too hard to predict. Few posts that I have run into on the forums have a denial after the second RFE.

However, that is not a statistic that you can count on as most forum posters come and post if they have problems. If something went fine, they would not come back and report it on the forum.