Got RFE while filing new H1b as the old company revoked my old H1

[kedarpagedar]

Hi,

I have a situation while transferring to a new employer.

My hiring employer filed for my H1b transfer and in response got an RFE from the USCIS mentioning that my previous employer had revoked my H1b on Nov 17 2011 and they now expect a proof of my valid status during this period while my hiring company is trying to file for my H1 transfer. My new employer tried to file for transfer on Dec 23 2011.

What is the option for me in this situation as I was layed off on Nov 2 2011 so my last pay stub was upto that date. I did get a 2 weeks severance for the period Dec 24 2011 - Jan 6 2012 does this help.

I think that I might have to travel outside to get fresh visa stamping. If I need to travel outside, when do I have to do that, after getting my petition, or before getting it? Also does my family need to travel along with me of just me alone would be fine?

Hope to hear from you ASAP.

[pontevecchio]

You should discuss your options with a good Lawyer and also your new company.

[Chitown01]

Hello newbie3452,

Submit whatever paystubs you have and wait and watch.

Worst Case Scenario:

If all your documentation is correct and your new company is legit, they would approve the underlying H1-B petition and might deny extension of stay, in that case probably you would have to go back get new visa stamp and come back... You can go for visa stamping only after you receive decision from USCIS.

Talk to your attorney since you have dependents involved too, i have read in a couple of post that if you have a valid H1-B visa stamp all you need to do in the above case is go to canda or mexico and re enter with new I-94... Not sure... Better consult an attorney...

Also Try Using Search field..."Extension of Stay Denied" and you will get related post a couple of guys have given details of their situation and what corrective measures they took...

Good Luck !!

[kedarpagedar]

Thank you

Chitown01