H1B Transfer RFE Requesting PayStubs

[vamshi.vk]

I was with Company X and I was working full-time on H1B. Due to Company X financial condition, I was converted to part-time status, but no amendment was filed with USCIS regarding my change in employment status from Full-time to part-time. Within 6 weeks, I found a new job with Company Y and we applied for a H1B transfer. The attorney did not submit the part-time pay stubs when applying for the H1b transfer. 

 

Now I got RFE requesting recent pay stubs, This time, the attorney submitted the part-time pay stubs explaining my situation that changing my status to part-time was not intentional and this happened after i submitted my resignation with Company X and requested the USCIS to approve my petition. In case the approval is not possible, the attorney requested the USCIS to approve for consular processing. 

 

1. What are the chances that my application will be approved for consular processing?

 

2. If approved for consular processing, do I need to go to India for stamping? I have valid stamping with Company X for the next 5 months,

 

3. My attorney told me that I do not need to go for stamping as I have valid stamping. I am planning to travel locally (may be Bahamas) and reenter US with new I-94. Can anyone tell me what south american countries I can visit with Indian passport and US visa without having to obtain a visa for the country I am visiting.

 

Any help would be appreciated.

 

thank you,

[jairichi]

 

I was with Company X and I was working full-time on H1B. Due to Company X financial condition, I was converted to part-time status, but no amendment was filed with USCIS regarding my change in employment status from Full-time to part-time. Within 6 weeks, I found a new job with Company Y and we applied for a H1B transfer. The attorney did not submit the part-time pay stubs when applying for the H1b transfer. 

 

 

Now I got RFE requesting recent pay stubs, This time, the attorney submitted the part-time pay stubs explaining my situation that changing my status to part-time was not intentional and this happened after i submitted my resignation with Company X and requested the USCIS to approve my petition. In case the approval is not possible, the attorney requested the USCIS to approve for consular processing. 

 

 

1. What are the chances that my application will be approved for consular processing?

 

 

2. If approved for consular processing, do I need to go to India for stamping? I have valid stamping with Company X for the next 5 months,

 

 

3. My attorney told me that I do not need to go for stamping as I have valid stamping. I am planning to travel locally (may be Bahamas) and reenter US with new I-94. Can anyone tell me what south american countries I can visit with Indian passport and US visa without having to obtain a visa for the country I am visiting.

 

 

Any help would be appreciated.

 

 

thank you,

 

Basically your attorney has lied to USCIS.

1. Mostly it would be approved as consular processing.

2. No, exit and enter by crossing the border.

[vamshi.vk]

Will I be considered out of status during the time I worked parttime at Company X. In that case, will it be a problem during GC application?

[jairichi]

Will I be considered out of status during the time I worked parttime at Company X. In that case, will it be a problem during GC application?

Absolutely, as you have converted to part time without approval from USCIS.

[vamshi.vk]

Since the response to RFE has already been submitted, what could be the procedure to correct this situation? I am not worried abt the H1B consular processing, but i am more worried abt the GC process...Please help me,

[jairichi]

Since the response to RFE has already been submitted, what could be the procedure to correct this situation? I am not worried abt the H1B consular processing, but i am more worried abt the GC process...Please help me,

You need to ask your attorney this question why he willfully lied when responding to RFE?

[vamshi.vk]

My H1B was approved with consular processing and the I-797 clearly mentions Hyderabad Consulate. After I received the H1B I-797 consular processing, I traveled outside the country and reentered with an existing visa that was still valid. Now i am planning to go to Australia on workfor 2 weeks and i would need to get my US visa stamped to get back into the county.

 

Can i go to the consulate in Australia for my visa stamping or do i need to go to the Hyderabad Consulate only? Thank you,

[rahul412]

Yes you can, but you need to contact them and explain the situation so that you can get the appointment.