Maintenance of status during H1 B transfer


mahendra12

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 I am posting this behalf of my wife.

 

She entered into US from India (on Feb 2015) with company A's petition (which was valid till July 2015 and i-94 was given August 2015) and dint work for them after moving to US. She has choosen an employer and they applied her H1 B transfer after she got a project. She got a project and employer applied H1 B transfer on May 20th (with out any pay slips) and her petition (with employer) notice date is May 23rd 2015 and she started working for client from May 23rd 2015 to till date.Before that employer applied LCA which was approved on April 17th 2015. Her case was pending long time and finally she got RFE  and USCIS asked about maintenance of status from Feb 2015. She doesent have pay slips from Feb 2015 to May 23rd 2015. My employer is telling that we can say company A has not given any pay slips and case will be approved. Could you please let me know what is the feasibility of approval in this case. 

 

Thanks - Mahendra12

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Sure. I will contact. I have another question how do we know that our earlier petiton is cancelled or not. In my case my wife came out from company A right and i am not sure whether they have cancelled her petition or not.

Np, its not an issue if your H1 is revoked. Once you leave that company it has to be revoked as per law.

To check the status go to USCIS website and enter your receipt number.

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