H1 Transfer denied - Failed to maintain status


mallela.mallela

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All,

 

My friend applied for a H1 transfer and he got an RFE which asked to submit all the previous paystubs to verify that he was on status.

 

HE came to US in Feb 2015 and he was not paid until July 2015. He has paystubs from August 2015 to Nov 2015 when he applied for the H1 transfer to company B. 

 

Company A did not pay him even after asking them several times. As my friend is new to US, he thought he would be paid later but he never got paid for those months. 

 

Company B asked him to submit the client letter and the vendor letter to verify his legal status as the paystubs were not available. Later he received an I797B without a I94 with an attachment that he "failed to maintain status on his previously accorded status".

 

What should he do now? Without the previous paystubs, he will not get a new visa approval in he travels back to India. HE has documents from his client and vendor that he worked and he was billed during that time. Would this help? 

 

Is there anything we can do to prove that he was on status during that period without the paystubs? Any help or information in this regard would be greatly appreciated.

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Thanks for all your responses.

 

He has paystubs from August 2015 to Nov 2015, is it legal if he continues to work for Employer A and ignores the rejected H1B transfer petition? 

Why do you want to work for that FRAUD employer? You were out of status already, so nothing can help you out except getting paid and by legally filing a complaint against that employer.

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