H1 RFE wrt Paystubs

[nithunithinsnp]

Hello,

Brief situation with my H1 RFE

1. I was with Employer 'A' till March 2013 and H1 valid till Sep 2014, but i got laid off in March - paid only till Feb 2013, so no stubs in March

 

2. I joined Employer 'B' in March 3rd week, he promised to apply my H1 immediate but he didn't he did once i got job in June 2013- so i didn't have any pay stubs from March to May (3 months)

 

3. while working for Employer 'B' and his H1 still under process - i Joined Employer 'C', he applied my H1 in premium in Sep 2013

 

Now i got an RFE for both H1 petitions by Employer 'B' and 'C' - asking for last years W2 form and this year paystub from Jan 2013 till Sep 2013

 

the problem is i don't have paystubs for March, April and May 2013 - every thing else is good, more over Employer 'A' has sent a request to USCIS on 31st March to withdraw the H1.

 

I am not sure whats the best way to handle this situation, any help is greatly appricated

[JoeF]

On H1, you need to get paid ALL THE TIME, even on bench. That's the law, and the employer knows it.

If you didn't get paid, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

[pontevecchio]

You should involve a Lawyer soon. What does the latest employer C say about the matter? Does your use of the word "HE" for your employer suggest you are joining small consulting firms?

[jairichi]

 

Hello,

Brief situation with my H1 RFE

1. I was with Employer 'A' till March 2013 and H1 valid till Sep 2014, but i got laid off in March - paid only till Feb 2013, so no stubs in March

 

2. I joined Employer 'B' in March 3rd week, he promised to apply my H1 immediate but he didn't he did once i got job in June 2013- so i didn't have any pay stubs from March to May (3 months)

 

3. while working for Employer 'B' and his H1 still under process - i Joined Employer 'C', he applied my H1 in premium in Sep 2013

 

Now i got an RFE for both H1 petitions by Employer 'B' and 'C' - asking for last years W2 form and this year paystub from Jan 2013 till Sep 2013

 

the problem is i don't have paystubs for March, April and May 2013 - every thing else is good, more over Employer 'A' has sent a request to USCIS on 31st March to withdraw the H1.

 

I am not sure whats the best way to handle this situation, any help is greatly appricated

 

You were out of status from March to May 2013. There is no way you can provide pay stubs for those months. Your H1B petition would be denied.

 

If you had started working for employer B before the filing of a H1B petition (March 3rd week to May 2013) that is unauthorized employment. If so be ready to face consequences

[rahul412]

2. I joined Employer 'B' in March 3rd week, he promised to apply my H1 immediate but he didn't he did once i got job in June 2013- so i didn't have any pay stubs from March to May (3 months)

So you were out of status during that time.

You need to contact attorney now. If you are lucky you might get 797B instead of 797A.

[t75]

Are you so desperate to stay in the US that you would knowingly violate the rules.  Find a REAL employer and report the one who did not pay you to the DOL.

[nithunithinsnp]

You should involve a Lawyer soon. What does the latest employer C say about the matter? Does your use of the word "HE" for your employer suggest you are joining small consulting firms?

Ya Employer 'B' and 'C' are consulting firm - i am gonna talk to employer 'C' Attorney and thinking of consulting Murthy firm to 

if you do know any good attorney - who will be able to help me, please do let me know 

[nithunithinsnp]

You were out of status from March to May 2013. There is no way you can provide pay stubs for those months. Your H1B petition would be denied.

 

If you had started working for employer B before the filing of a H1B petition (March 3rd week to May 2013) that is unauthorized employment. If so be ready to face consequences

with employer 'B' i started training in few technology but he said he will apply my H1 on march 26th - he even took all my doc and made me sign an agreement for H1 transfer

 

i didn't get paid until i got job in June - then he applied for H1 and started my pay role 

[jairichi]

with employer 'B' i started training in few technology but he said he will apply my H1 on march 26th - he even took all my doc and made me sign an agreement for H1 transfer

 

i didn't get paid until i got job in June - then he applied for H1 and started my pay role 

USCIS will not care for your excuses.

[cap-gap]

basically you have been out of status..You can get H1 approved with no I94, if "C" is worth a dime..

 

 

[rahul412]

with employer 'B' i started training in few technology but he said he will apply my H1 on march 26th - he even took all my doc and made me sign an agreement for H1 transfer

 

i didn't get paid until i got job in June - then he applied for H1 and started my pay role 

According to USCIS, if you are employer then you have to get paid during that employment period.