H1B Transfer

[rbafna]

Hi,

I have H1B from company A starting Oct 1st. Company B is willing to transfer H1B in the next 2 weeks. Will I need paystubs from Oct 1st - Oct 20th? If yes, can I get away with just getting a letter of unpaid vacation from company A without any paystubs?

Thanks

[txh1b]

USCIS is well aware of these unpaid vacations and benching. They may not accept it and issue a RFE for paystubs. It used to work earlier and I doubt if it would now.

[rbafna]

They may not accept it and issue a RFE for paystubs. It used to work earlier and I doubt if it would now.

For regular processing, approximately how much time would it take for USCIS to issue RFE? For a transfer, USCIS takes 2 actions.
1. Approve H1B petition.
2. Approve Extension of Stay.
If RFE is issued, it would be for EOS, in that case I will have to leave the country and come back with a stamp.

Thanks

[txh1b]

That may not work as you expected. The use of AC21 or H1b portability requires that a person hold valid status currently and have a non-frivolous transfer/extension filed.

If USCIS deems that the person was not in status at the time of filing (absence of paychecks is reason enough), the out of status and unauthorized employment period starts from the day it was filed.

If you want to do that, you are better off to leave now and enter with a stamp after the approval goes through or to minimize the damage, go with premium processing. Regular could go on for 6 months which could earn you a 3 year ban as well as per the books if denied.

[rbafna]

If USCIS deems that the person was not in status at the time of filing (absence of paychecks is reason enough), the out of status and unauthorized employment period starts from the day it was filed.

So the best case would be to get paycheck from company A from Oct 1st until the date of transfer filing. Right? If yes, then can the paycheck be of the amount with the minimum wage (e.g. $2000 for 15 days) minus some cash advance/loan amount (e.g. $1500) ? So that the taxes paid on the paystub would be minimum?

[txh1b]

Is it just me that is sensing some fraud? I think I am done here.