H1B (layoff - transfer) dilemma


entira

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Hello Experts,

I am in a dilemma of H1B transfer. I got laid off from company ‘A’ on 03.27.2013. I am still on their payroll as they agreed to pay me the severance paychecks as well as one remaining pay check. They haven’t notified the USCIS so far (05.25) because as per company A lawyer I am still on their payroll and my last severance paycheck date is 06.01 (pay period 05.01 to 05.15).

I have filed my H1B ‘transfer’ from company B on 05.23 (premium processing). I have provided 5 previous pay stubs to company B lawyer. There will be two more paychecks coming in and those are severance. I understand I cannot show the severance pay check as actual paycheck but these paychecks don’t say severance on them.

The latest paycheck as of now I have covers pay period from 04.01 to 04.15. Two more paychecks (severance) will be coming in. I don’t have them yet.

My questions are:

(1) What are the chances of getting an RFE when the latest paycheck I provided has a pay stub date of 05.01 (pay period 04.01 to 04.15) at the date of filing 05.23 (premium)?

(2) If I receive a RFE, I will have two more paychecks coming in dated 05.15 and 06.01. Hence the latest paycheck dated 06.01 will cover the pay period from 05.01 to 05.15. Hence, I am still 5-6 business days short of the H1B petition filing date (05.23); will I be having trouble in transferring the visa?

(3) If USCIS looks for pay-stubs only, do they look at the pay stub date or the pay-period?

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