H1B Amendment RFE

[aalk]

Hi,
My wife applied for H4 to H1 last year effective from Oct, 2013. She didn't go for job till Dec and started going for job from Jan this year. She worked on one location for 3 months after that her work location and client changed. Due to this her employer filed H1B Amendment due to change in work location. Application filed in California service center on 10th July 2014 in premium processing. On this we got an RFE on 16th July asking for last year W2, all pay stubs till now, Organization chart and Client letter. She is working EVC model where client will not provide any letter but vendor has provided the letter with that we filed the amendment.

Since she did not work for first 3 months Oct - Dec, 2013, she does not have W-2 for last year. How can we handle this situation? What kind of explanation can be given which might be acceptable. She is having payslip from January to till now. We are trying to get client letter but if we can't able to get it what kind of alternate document can be given for that?

[raghvi]

Hi,
My wife applied for H4 to H1 last year effective from Oct, 2013. She didn't go for job till Dec and started going for job from Jan this year. She worked on one location for 3 months after that her work location and client changed. Due to this her employer filed H1B Amendment due to change in work location. Application filed in California service center on 10th July 2014 in premium processing. On this we got an RFE on 16th July asking for last year W2, all pay stubs till now, Organization chart and Client letter. She is working EVC model where client will not provide any letter but vendor has provided the letter with that we filed the amendment.

Since she did not work for first 3 months Oct - Dec, 2013, she does not have W-2 for last year. How can we handle this situation? What kind of explanation can be given which might be acceptable. She is having payslip from January to till now. We are trying to get client letter but if we can't able to get it what kind of alternate document can be given for that?

USCIS doesnt need an explanation, they need a valid proof.

Technically she is out of status since Oct 2013 onward as she didn't get paid for the first three months. If she didnt want to work till Jan, why file H1 to start from Oct?

In addition not having a client letter reduces her chances for getting the amendment approved. USCIS rarely accepts anything short of end client letters especially in EVC models.

This is my opinion not legal advice.

[aalk]

USCIS doesnt need an explanation, they need a valid proof.

Technically she is out of status since Oct 2013 onward as she didn't get paid for the first three months. If she didnt want to work till Jan, why file H1 to start from Oct?

In addition not having a client letter reduces her chances for getting the amendment approved. USCIS rarely accepts anything short of end client letters especially in EVC models.

This is my opinion not legal advice.

Thanks for your response Raghvi. You mean to say she is out of status for the first 3 months or she is out of status till now? For the first 3 months shall we give any time off without pay letter with reason for time off? If we did not provide pay stub and W2 is there a chance to get consular approval for that petition? Also I came to know from forums that pay stub can be run with back dated date but can be done for W2?

If USCIS denies this amendment then that means the original petition also denied?