Please someone help me in regarding H1 RFE--very urgent

[rulemaker]

I would like to keep things simpler and address my employers as A,B,C as it would be easy to explain my situation.

Once I completed my Masters, my initial H1 was filed by employer A on 10/1/09, which was valid till 9/26/12. I worked in this firm till October 2011 and the last paycheck that I have received was on 10/20/2011. I took up a new job and changed to new employer B who filled my H1 on 10/20/2011, but un fortunately this was rejected on 1/27/2012. I have my pay checks running for this period that is from 11/16/2011 till 1/29/2012.

A new employer ‘C’ applied for my H1 on 3/15/2012. Recently I got a RFE for this H1, as they wanted to know my status in between the period when my H1 was rejected and new one was filled. That is from 2/1/2012 till 3/15/2012. I have requested Employer A, if he could provide me with pay stubs in this period as my first H1 was still valid, but he told me that he could not help me in this regard.

Please let me know if any one of you can guide me in this matter. My RFE submission date expires on 06/30/2012. I would appreciate your help. Thanks in advance!!

[wiweq]

You were out of status for those days. Just running paystubs or buying paystubs won't work.

The only option is to leave the USA as soon as possible and let your employer file another H1b once you are outside of USA. You would need to go for the consular processing. They would again ask for the reasons behind staying out of status in USA. Only you know the answer.

I always suggest joining the new H1b employer only after H1b approval. Pay PP fees ($1225) if the employer doesn’t pay. $1225 is nothing for peace of mind and status security.