H1b RFE - Help needed

[murugan123]

Please find below as my status:

L1 to H1 COS filed – 06/04/12

Receipt date-06/08/12

Upgraded to PP – 09/20/12

RFE- 10/01/12

The RFE is about the payslips for the period from Apr-Jun-06. We have submitted the payslips alreay for the period end date of Mar-31. The actual issue is, I went on vacation in the month of March and was back in the month of April. My payslip was not generated for the month of April, but the salary was credited along with the month of May. But the May month salary period says only May-01 to May-31.

I am worried now that if USCIS will think that i was in out of status for the month of April? How can we handle this situation. Has any one faced like this before. Kindly help me.

[nupuraggarwal]

You should try and get paystub for the month of April even though you were on vacation. let it $0 in your salary..

I think that will make USCIS realize that you were on vacation..(try to document it properly). Your attorney should know and should help with that.

If that is absolutely not possible.. try and explain USCIS your case that you were on vacation.. blah.. blah.. and get a letter from your employer verifying that with a letter.. I have read some people getting away with that, if it is documented properly that why you dont have a paystub for a particular timeframe.

Good luck..

[luck2u]

@murugan123:

While answering RFE better send copy of your passport which will have exit and entry stamps during March/April so that it would one of the proof that you were out of the country. And as suggested above, seek your company's attorney recommendation for proper documentation which can explain why there is no paystub. Good Luck!!