H1B RFE ( request for evidence )

[civilu]

My Employer A cancelled my visa and gave me a lay off ( They informed me on 7th Jan 2012 stating my visa is cancelled from 31 st dec 2011, a week after !! ) It took me a month to find a new employer and he filed for extension on Feb 10 2012 . The RFE is like this :

" You must submitt the evidence that establishes has been gainfully employed by the petitioner from which he gained his last H1B status untill Feb 2012. Also they are asking for pay statements from Dec 2011 to Feb 2012.

Any suggestions ?

[Attorney_10]

Generally, the H1B beneficiary must be maintaining valid H1B status at the time a change of employer petition with a request for an extension of stay is filed with USCIS. If there has been a gap in status, USCIS is not likely to approve the petition with an extension of stay (i.e. with a I-94 card attached). However, the petition may still be approved for consular notification. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for responding to the RFE.