H1B transfer denial - need advice on next action


kavithabalaji

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I was working for company A till April 2011 and since the project was completed by mar 2011, I was in bench and not paid for april 2011. Hence I was moved to new employer B in May 2011 and they filed H1B transfer in May 2011 through normal H1B processing and started working after receiving the h1b receipt notice. I got the RFE in July asking for my april month pay stub, employer and client details. Since old employer has not paid me, he is not generated the pay stub for april, i was unable to submit the april pay stub for RFE. so we replied RFE with all other documents that USCIS has requested and also mentioned that the old employer has not paid the beneficiary for the april month. After 4 months from the RFE submission, we got the H1B denial status on 12/23/2011. I am very disappointed by this denial. Not sure what I can do, my current employer B is ready to file appeal and do the new H1B transfer filing again, but still not sure this gap in pay stub for april might cause issue again. what is the legal way to get the pay stub for april month from my old employer A. When i asked for the pay stub from old employer A, he says that he cant generate the pay stub instead he wanted me to send email requesting for leave for april month and he can only provide me the letter stating that i was on leave/vacation for april month, will these be helpful for my situation or will it create problems to my H1b transfer. Please do advise me what can be done on this situation to be in legal work status.

Note: I have valid H1b Visa for my old employer till june 2012.

Thanks

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