H1B Transfer - RFE- PayStub from Old employer

[Hiteshkalita]

I am on H1b Work Visa. I was a fultime an ex-employee of Company (A) . I had to transfer my h1B VISA to a new company after the mass layoff happened on June 2014. During the process of H1b transfer , I received RFE  from USCIS to get pay-stubs for Aug and September 2014. 

I got my new project on 17th Sept 2014 and I don't have Pay-stubs for Aug and Sept 15th 2014. I was given Severance allowance of $9000 in the Month of July 15th2014 as a Paycheck.  Since I was not working ,my old employer won't give me any paystub or letter for Aug/Sept .

 

With my new employer (B), I have H1b receipt notice approved on 30th Sept 2014 and I have  paystubs from Sept/Oct/Nov now. Since I have RFE to get Paystub from Old employer (A),

I got a new project with new employer © now and Can I again do a h1 transfer with a new employer © .

 

Thanks

[jairichi]

You are out of status from the day you were laid off till a receipt notice was generated for H1B petition with employer B. Since you will not be able to provide pay stubs for those months your petition might get approved without I94. Employer C can initiate H1B petition. If your petition with employer B is declined and employer C gets approved it will be mostly without I94. 

[JoeF]

You were out of status from the layoff date.

Your H1 is unlikely to be approved as COS. The new company lawyer should have known that. Or is the new employer a shady consulting company???

[JoeF]

You were out of status from the layoff date.

Your H1 is unlikely to be approved as COS. The new company lawyer should have known that. Or is the new employer a shady consulting company???

[Hiteshkalita]

You are out of status from the day you were laid off till a receipt notice was generated for H1B petition with employer B. Since you will not be able to provide pay stubs for those months your petition might get approved without I94. Employer C can initiate H1B petition. If your petition with employer B is declined and employer C gets approved it will be mostly without I94. 

 

Thanks Jairichi for the response. We can respond to RFE and do Consular Approach but I need to go out of the country to get new  I94.

When we do Consular approcah , does it mean that  we are submitting H1-Petition again? If yes , it is like a fresh H1b and that can be done premium processing. Please confirm.

[jairichi]

Thanks Jairichi for the response. We can respond to RFE and do Consular Approach but I need to go out of the country to get new  I94.

When we do Consular approcah , does it mean that  we are submitting H1-Petition again? If yes , it is like a fresh H1b and that can be done premium processing. Please confirm.

If employer has already filed a cap exempt H1B petition and if USCIS is not convinced with RFE response for pay stubs then your I797 will not have an I94. In that case you need to exit and enter US with a valid H1B visa and new I797. Anytime your employer can upgrade to PP.

[Hiteshkalita]

If employer has already filed a cap exempt H1B petition and if USCIS is not convinced with RFE response for pay stubs then your I797 will not have an I94. In that case you need to exit and enter US with a valid H1B visa and new I797. Anytime your employer can upgrade to PP.

 

Great Jairichi. With employer B , I have Sept/ Oct/ Nov paystubs.  And the case is still pending (RFE) for employer B. Employer B has not responded to RFE yet to USCIS.

 

Now Employer C is filing h1 tarnsfer with PP with the documents (H1 reciept notice/ paystubs-sept/oct/nov from employer B).

Are we still be getting RFE for Aug paystub from employer A.

 

Realy appreciate your help. Thanks

[jairichi]

Great Jairichi. With employer B , I have Sept/ Oct/ Nov paystubs.  And the case is still pending (RFE) for employer B. Employer B has not responded to RFE yet to USCIS.

 

Now Employer C is filing h1 tarnsfer with PP with the documents (H1 reciept notice/ paystubs-sept/oct/nov from employer B).

Are we still be getting RFE for Aug paystub from employer A.

 

Realy appreciate your help. Thanks

Can't say for sure. You might be lucky not to get a RFE.

[Hiteshkalita]

Can't say for sure. You might be lucky not to get a RFE.

Can I have my wife (h4)  go for VISa stamping once I come back with new !94. We have kids(USA citizens)/ I have I 140 approved with employer A. Would this be a problem for her when she goes for stamping after I come back with new  I94.

 

Thanks in Advance.

[jairichi]

Can I have my wife (h4)  go for VISa stamping once I come back with new !94. We have kids(USA citizens)/ I have I 140 approved with employer A. Would this be a problem for her when she goes for stamping after I come back with new  I94.

 

Thanks in Advance.

She can get her H4 stamping done without any issue as all she needs is a copy of your I797.