Issues with H1B Extension of Stay during change of Employment


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Am holding a H1B Visa Valid till 2014. I have applied for premium H1B transfer from Company A to Company B on 24th Jan . And i have got the Receipt on Jan 26 2012. I have submitted all the pay stubs till Dec 2011 to USCIS for h1b transfer approval.

I got into the payroll of company B on Jan 26th and i dont have paystubs for the period 1st to 26th Jan from my previous employer.

My last pay period with my previous employer was Dec 31st 2011(am paid Monthly) and the paystub for that is submitted to USCIS during I-129 filling.

Since change of employer petition is filed along with request for extension of status, USCIS has sent an RFE requesting for proof of maintenance of H-1B status till the date I 129 is filled.(from 1st Jan 2012 to 26 Jan 2012)

My previous employer is not providing either the Pay Stub nor leave application for the period of Jan Month.(even if I am in their payroll during this period)

Am worried since i dont want to leave US for Visa Stamping and am aware of the fact that i need to maintain status up to the date the I-129 is filed.

My questions are:

Since, i have started working for new employer and can i submit my Paystub from 26th to 15th Feb ?

Can you suggest any trick to save this trip out of US for Visa stamping?

Thanks in advance.

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Generally, one is only maintaining lawful H1B status if s/he is working and getting paid by the H1B employer pursuant to the terms of the H1B petition. This is usually demonstrated by providing the most recent paystubs. If paystubs are not available and no other explanation is provided to explain the gap in employment, it is likely USCIS will approve the H1B petition for consular notification. This will require the H1B beneficiary to depar the U.S. and re-enter in H1B status with a valid H1B visa. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and the different options that may be available to you.

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