RFE for pay records

jkasss

By jkasss,
in RFE

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jkasss Newbie

jkasss

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Hello,

 

Applied for H1B transfer on Feb 3. USCIS received on Feb 4th. Received receipt notice on Feb 11. I had paycheck copy till December because I sent all my documents to lawyer on Jan 23rd before he applied for my LCA. Now I do have paycheck copy for Jan 2014 as well.

 

On Feb 20th USCIS sent an RFE to the attorney asking for pay records for for the last to pay periods prior to filing the new I129. My attorney, without notifying me, sent the same paycheck copies to USCIS on feb 25th and they received it on 26th Feb. Status changed to RFE response review. What I want to know is:

 

1) My attroney says they might have lost the papers in between, thats why asking to submit the pay records again. Is this usual with USCIS to loose papers ? He is very confident that this is the case.

 

2) I have copies of the paychecks cashed into my account. Is that enough to show I was paid ?

 

3) Eventhough I did not submit Jan's paycheck copy, will USCIS try to overlook one month pay record missing. Would they send second RFE ? I now have Jan's paycheck, but attorney did not ask for it and responded the RFE with the paycecks copies he already had from me.

 

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hello,

 

Applied for H1B transfer on Feb 3. USCIS received on Feb 4th. Received receipt notice on Feb 11. I had paycheck copy till December because I sent all my documents to lawyer on Jan 23rd before he applied for my LCA. Now I do have paycheck copy for Jan 2014 as well.

 

On Feb 20th USCIS sent an RFE to the attorney asking for pay records for for the last to pay periods prior to filing the new I129. My attorney, without notifying me, sent the same paycheck copies to USCIS on feb 25th and they received it on 26th Feb. Status changed to RFE response review. What I want to know is:

 

1) My attroney says they might have lost the papers in between, thats why asking to submit the pay records again. Is this usual with USCIS to loose papers ? He is very confident that this is the case.

 

2) I have copies of the paychecks cashed into my account. Is that enough to show I was paid ?

 

3) Eventhough I did not submit Jan's paycheck copy, will USCIS try to overlook one month pay record missing. Would they send second RFE ? I now have Jan's paycheck, but attorney did not ask for it and responded the RFE with the paycecks copies he already had from me.

1. Yes, it is possible. But, include the latest one you have now.

2. Pay stubs are required.

3. You have to send it immediately to USCIS. Otherwise you would be counted out of status and H1B petition would get approved with consular processing.

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jkasss Newbie

jkasss

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I sent my latest paycheck copies to my attorney. He said we do not need to send it right now. He sounds very confident over the phone. I hope he is not shitting me.

 

@ Jairichi: Consular processing means I will have to leave the country and come back with a new i94. Right ? I have i94 valid till october 2015.

 

I have all the documents that are needed. I just hope my attorney takes care of it.

 

If I go PP now, would that help or mess around things, any idea ?

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