H1 Transfer - will there be an issue if no recent paystub

[sunilthegr8]

Hello,

I got laid off on 14th may. And my paystub generated on 15th may and next is due on 30th may (which i will not get). will there be problem if i file for h1 transfer after 30 may. will USCIS question why the latest paystub is missing?

I am searching for job and may be get something before 30th and eventuly file it before 30th. but what if i file it after 30th. one of the consultant told me that it is ok as long as you are able to submit last month pay stub (and according to him i am fine till june 15th)

pls share your exp and knowledge if you were into this situation and based any issue.

thanks

Sunil

[sunilthegr8]

any suggestion...pls reply

[Postmaster]

yes. i got laid off and my new employer filed a Consular approval instead of a visa transfer.

it was approved and i am waiting for the docs to arrive.

in absence of a paystub, thats the way. u cant show severance pay as pay stub

[livliv]

Technically, transfer must be filed (received by USCIS, receipt date) before your last day of work. Sometimes, USCIS goes by the last paystub, sometimes they specifically ask for last day of work and sometimes the forgive a short out of status duration while considering the new employer's petition.

If the USCIS has not ignored the out of status period, they will approve the petition without an I-94. In that case, you will have to leave the US and return with H1B Visa to get a new I-94.

[sunilthegr8]

thanks for your reply...i did not know there is something called counslar approval thing... i will check more details on it

[wiweq]

" consultant told me that it is ok as long as you are able to submit last month pay stub"

The consultant is misleading you. Once you get the termination letter, you are out of H1b status. Now H1b revocation is online and companies revoke the H1b with no delay as USICS is stricter these days.

You are accumulating out of status days after May 14th which will create problems in any future immigration matters.

Now even if your H1b approves its won't approve your H1b extension. Means, I797 will be no I94. You would need to reenter in USA or go for visa stamping.

You were supposed to leave USA on the day on lay off or file COS at the day or before the day of layoff.

Now you are not left with any option but to leave the USA. You cannot file COS now as you are out of status.

More questions/ doubts? Let us know.

[wiweq]

One more thing, don't forget to get one-way ticket/ fare to your home country from your employer as you are laid off on H1b, and your H1b tenure was not completed. Return fare and severance are two different things. They have to pay one way ticket fare, its law.

[sunilthegr8]

hello wiweq

thanks for the information. i am reading your reply today. and in between, i got a job, filed the h1 transfer on 31st may in reguler. so, according to your reply, i was out of status for that period. even though my h1 will approve it will not have any h1 extension (means my old I 94 is applicable).

now my questions are

1. can i continue to stay and work untill my 94 expires?

2. if not then, what are my options, my 94 is expiring on oct 2013 (six year limit). will they not provide the extension if i file for green card and get labor approved before that.

3. also, my wife is india and is scheduled to come back within 1.5 month on H4 stamping. what are the chances that she would be able to get h4 stamping on her passport?

thanks for your time and input

Sunil

[entira]

Hey Sunil,

Do you have a status? Did you H1B transfer got approved? or Did USCIS asked for the counselor processing? Can you please share your experience? I am on the same boat today.