H1B transfer dilemma


entira

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Gurus,

I am in extreme dilemma, if you can please solve my couple of queries that would be really helpful.

I am taking H1B transfer from company A to company B. Company A laid me off but didn’t send the letter to USCIS until today (05.24) and kept me on the payroll as payroll runs one pay period behind as well as I signed for severance paycheck. My first severance paycheck is dated 05.01 (with pay period of 04.16 to 04.30). Second paycheck is due on 06.01 (with pay period of 05.16 to 05.31), which I don't have it yet.

I do not have the paycheck dated 05.16 (with pay period 05.01 to 05.15) as company B lawyer asked me to send a request to company A to push it to 06.01. He told me to get a successful transfer you need to be on the company A payroll and because of the time constraint he asked me to push the last severance paycheck, so I did it.

My question is: (1) How far back USCIS looks for paystubs?

(2) What are the chances that USCIS is going to send me an RFE just based on the one missing paystub? The petition has been sent out to USCIS on 05.23 (premium processing).

Please guys help me out.

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Let me rephrase the question:

I applied for H1B extension from company A to Company B on 05.23.2013 with 5 pay stubs. The latest pay stub is dated 05.01 (pay period is from 04.01 to 04.15). I will be getting 2 more paychecks but I cannot send them because I don't have them yet. Now, I am asking gurus that how recent/latest pay stubs do I need to avoid the RFE?

Future situation: I will get 2 more pay stubs:

Pay stub 1: dated 05.15 (pay period from 04.16 to 04.30) - $0.00 (Leave of absence)

Pay stub 2: dated 06.01 (pay period from 05.01 to 05.15) - $XYZ (Last severance pay stub) which I asked to push to 06.01 date

How can I defend a pay stub in between the payroll which is $0.00.

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