RFE while H1B Visa is in processing

[udayakanth]

Hi,

 

I'm trying this again.

 

I had my OPT till September 2014 and my contract job ended on August 1st 2014. The old company refused to give I-797B document. Thats when I contacted murthy firm lawyer. He mentioned I can stay in US for 180 days after I received a revoke letter from USCIS and also asked me to find another job soon with I-797A document. I was jobless from August to November 10th 2014. On November 10th I got hired by another company who filed my LCA (approved) and filed for H1B visa transfer(November 12th 2014). After they filed for H1B visa, my old H1B visa got revoked (November 24th 2014). During this period, the new company filed for premium processing and after 2 weeks I got an RFE asking about my old company's pay stubs and W2 forms during approval (which I have but only till August 1st 2014)

 

Key points:

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1. Job terminated on August 1st but H1B approved. Company refused to give I-797B

2. Jobless from August to November 10th 2014

3. OPT expired on September 30th 2014. 

4. Oct 1st starts my H1B visa.

5. Murthy lawyer says I can stay till 180 days after revocation

6. Joined new company on November 10th.

7. Applied for new visa on November 12th 2014.

8. Old h1B visa revoked on November 24th 2014. (so from this date I have 180 days)

9. Premium processing done on Feb 7th 2015.

10. Got RFE on Feb 15 2015 asking for old companies pay stubs and W2 during H1B approval.

 

Question:

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1. What will happen now?

2. Will i get in trouble for the 3 months that I dint work?

3. Technically I was still on status till September 30th 2014 due to my OPT but would the one and half month joblessness affect my visa?

4. If there was any issue with my visa status before, I should have been rejected as soon as the processing was started, so that means I'm still in good position till now right?

 

Any humble responses is greatly appreciated.

 

Thanks!

 

 

 

 

[jairichi]

1. Your H1B petition might get approved without I94. Exit and enter US with a valid H1B visa and I797.

2. Refer 1.

3. You are fine.

4. Refer 3.

[cap-gap]

I couldn't wrap my head around ur situation for few minutes...if u have any updates, post here..

 

if u are still waiting, things to consider:

 

#did u start with the new company? on what basis? I don't think u have a valid I94 in ur possession, right?

 

#if the first company terminated you prior to October 1st, with an official notice and date, u may be considered out of status on October 1st, not when u received the revocation letter..

 

# u may have worked illegally with company B, if u did

 

# u may be very close to the 180 day illegal presence, if CIS determines the effective date to be when the company A gave u notice..