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H1b Transfer Received Rfe. (paystub Gap)

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  • H1b Transfer Received Rfe. (paystub Gap)

    I need opinion about my H1B RFE.

    I received 2nd RFE from USCIS on 07/29/2014 and asking only the paystubs from my previous employer. I have furnished the following info of my status:

    • I94 date 12/20/2013 valid till 11/1/2015

    • Multiple H1B visa stamp valid till 22 Sep 2014

    • Joined previous company on 12/26/2013

    • Last paystub from previous employer on 02/14/2014 (01/15/2014 -01/31/2014).

    • Didn’t get any paystub for Feb’14.

    • Transfer petition submitted by my current employer and USCIS received on 02/28/2014

    • Received RFE from USCIS, requested for my previous paystubs till 02/28/2014 as I have joined my current company on 03/03/2014.

    • In February’14 I was seeking new job as my previous employer doesn’t have that much work/project and I was in informal leave and that’s why I didn’t get paid for Feb’14.

    So can I reply to USCIS that I was on leave without pay for that duration?

    Or suggest me the best possible answer to meet RFE requirements of USCIS.

  • #2
    Originally posted by Aktar View Post
    I need opinion about my H1B RFE.

    I received 2nd RFE from USCIS on 07/29/2014 and asking only the paystubs from my previous employer. I have furnished the following info of my status:

    • I94 date 12/20/2013 valid till 11/1/2015

    • Multiple H1B visa stamp valid till 22 Sep 2014

    • Joined previous company on 12/26/2013

    • Last paystub from previous employer on 02/14/2014 (01/15/2014 -01/31/2014).

    • Didn’t get any paystub for Feb’14.

    • Transfer petition submitted by my current employer and USCIS received on 02/28/2014

    • Received RFE from USCIS, requested for my previous paystubs till 02/28/2014 as I have joined my current company on 03/03/2014.

    • In February’14 I was seeking new job as my previous employer doesn’t have that much work/project and I was in informal leave and that’s why I didn’t get paid for Feb’14.

    So can I reply to USCIS that I was on leave without pay for that duration?

    Or suggest me the best possible answer to meet RFE requirements of USCIS.

    Informal leave, no work/project is no reason for your employer to not pay you.

    If you respond with what you have , most probably the transfer will be denied and you will have to leave US.

    If not, then the only other option would be to complain to the DOL for the previous employer not paying you for the bench period.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Informal leave, no work/project is no reason for your employer to not pay you.

      If you respond with what you have , most probably the transfer will be denied and you will have to leave US.

      If not, then the only other option would be to complain to the DOL for the previous employer not paying you for the bench period.

      This is my opinion not legal advice.
      I talked with my previous employer to pay me for Feb 2014. He denied and said that he terminated me on 31st Jan 2014 but on the USCIS site show its revoked on 8th April 2014. So how can i know the real termination date? I didn't get any termination letter from my previous employer though they said that they have sent to me.

      Comment


      • #4
        Originally posted by Aktar View Post
        I need opinion about my H1B RFE.

        I received 2nd RFE from USCIS on 07/29/2014 and asking only the paystubs from my previous employer. I have furnished the following info of my status:

        • I94 date 12/20/2013 valid till 11/1/2015

        • Multiple H1B visa stamp valid till 22 Sep 2014

        • Joined previous company on 12/26/2013

        • Last paystub from previous employer on 02/14/2014 (01/15/2014 -01/31/2014).

        • Didn’t get any paystub for Feb’14.

        • Transfer petition submitted by my current employer and USCIS received on 02/28/2014

        • Received RFE from USCIS, requested for my previous paystubs till 02/28/2014 as I have joined my current company on 03/03/2014.

        • In February’14 I was seeking new job as my previous employer doesn’t have that much work/project and I was in informal leave and that’s why I didn’t get paid for Feb’14.

        So can I reply to USCIS that I was on leave without pay for that duration?

        Or suggest me the best possible answer to meet RFE requirements of USCIS.

        You dont have much options:
        1. Leave US and return on fresh H1 stamp/petition.
        2. Get a good attorney.
        3. Complain to the DOL.

        This is my opinion not legal advice.

        Comment

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