Is it risky to leave US when switching jobs on H-1B visa, being out of status

[hydresident]

I have been working for company A on H-1B visa. Before I was terminated at company A, I got a job offer from company B, and accepted their offer. Now, I am out of job with company A, but do have most recent pay stub from them.

But the law company that company B uses to process H-1B is moving very very slowly. Communication with the Law Company is also very poor. They won’t respond for our emails or phone calls. Based on the slow speed the law company is moving forward, I am afraid that if they did not file until the next pay period and come back asking for newer pay stub, and I don’t have it with me and have to acknowledge I lost my job.

Instead of they finding it out that I became out of status and asking me to leave the country and come back in, I am thinking if it is a good idea to leave the US by myself now and take some good time off at my home country ? I was told it could be risky, going out of US, being out of status, when switching employers, especially I have an expired VISA on my passport.
Please suggest is it really risky or safe enough to travel outside country

[shervin143]

Actually it is not a bad idea. Keeping your out of status period to a minimum is always good. If you are out of status, then it is better you leave now and ask your new employer to file the H1B for consular process. Once approved, attend the visa interview and return back using the new petition. If your out of status period is less, then there won't be any issues during stamping or re-entry. If your accumulation is more, then it will be a problem.

[hydresident]

Chances of me getting an RFE

Shervin143 - Thank you for your recent reply opinion.

On the same day, 01-07-2016, in the late evening the law company filed my H1-B, and the application material reached California Service Center by 01-11-2016 Monday morning.

Basically, for the pay stubs, The submitted three for periods ending Oct 31, Nov 15, Nov 30 and Dec 31. I did not have pay stub for period ending Dec 15, so that will be a gap or missing in the application material. Today I got a receipt number for H-1B application.

With the pay stub situation described above, what are the chances of me getting an RFE or rejection ? I am planning to start working very soon from Company B, now that I received the receipt number. If you still remember from my first post, originally, I was terminated by my employer A, but technically they kept continuing my pay roll till Dec 31 last year. Now that my H-1B application is already filed, is it safe and recommended to ask them to pay me one last time for period ending Jan 15, when I plan to start working for Company B from Jan 18 ? Will this extra paystub help me in case I get an RFE for the missing pay stub for period ending in Dec 15 ?

Not very sure, my previous employer will easily accept paying me for 1 more pay cycle, but I have hopes, having a good relation with them.

An faster response is appreciated, based on which I plan to request my employer for 1 more pay stub. Thanks all very much.

[shervin143]

If your H1B transfer was filed in the month of January and if you have submitted pay slips for at least the last 3 months, then your chances are high. If I read your post correctly, you have submitted pay slips for October, November and December. Is that right? In such case, there is nothing to worry. But of you have filed your transfer without the December's pay slip, then it can lead to an RFE or H1B might get approved for consular process.

Shervin143 - Thank you for your recent reply opinion.

On the same day, 01-07-2016, in the late evening the law company filed my H1-B, and the application material reached California Service Center by 01-11-2016 Monday morning.

Basically, for the pay stubs, The submitted three for periods ending Oct 31, Nov 15, Nov 30 and Dec 31. I did not have pay stub for period ending Dec 15, so that will be a gap or missing in the application material. Today I got a receipt number for H-1B application.

With the pay stub situation described above, what are the chances of me getting an RFE or rejection ? I am planning to start working very soon from Company B, now that I received the receipt number. If you still remember from my first post, originally, I was terminated by my employer A, but technically they kept continuing my pay roll till Dec 31 last year. Now that my H-1B application is already filed, is it safe and recommended to ask them to pay me one last time for period ending Jan 15, when I plan to start working for Company B from Jan 18 ? Will this extra paystub help me in case I get an RFE for the missing pay stub for period ending in Dec 15 ?

Not very sure, my previous employer will easily accept paying me for 1 more pay cycle, but I have hopes, having a good relation with them.

An faster response is appreciated, based on which I plan to request my employer for 1 more pay stub. Thanks all very much.

[hydresident]

Shervin143

Sorry for the confusion regarding my PayStubs. I get Pay stubs bi-weekly, i.e., for every 15 days.
Sorry, when my application reached USCIS on Jan 12, 2016, the three recent pay stubs would be for
first for period of (Dec 16 to Dec 31, 2015) and
second for period of (Dec 1 to Dec 15, 2015) and
third for period of (Nov 15 to Nov 30, 2015 ).

I did not have with me the PayStub for period of (Dec 1 to Dec 15, 2015), which is missing in the application package.
So, I submitted
first for period of (Dec 16 to Dec 31, 2015) and
second for period of (Nov 15 to Nov 30, 2015 ) and
third for period of (Nov 1 to Nov 15, 2015) and
fourth for period of (Oct 15 to Oct 31, 2015).

I hope it is clear, about the missing pay stub.

I am planning to join new employer on next Monday Jan 18. In order to keep my record clean I am thinking if I should ask them a last favor or running payroll for the last period of (Jan 1 to Jan 15, 2016). My employer is already supported me by keeping me on payroll even though I am not working for them since 2 months. I am not sure if they will do that. Do you recommend to ask for this last pay stub, as it may help in future for my green card process, etc ?

[shervin143]

I think you should be fine since you have submitted the December 16 - 31 pay slip. But it depends on the officer who handles your case. It is possible they can issue an RFE for the missing pay slip. But I think the chances of that happening is less.

Shervin143

Sorry for the confusion regarding my PayStubs. I get Pay stubs bi-weekly, i.e., for every 15 days.
Sorry, when my application reached USCIS on Jan 12, 2016, the three recent pay stubs would be for
first for period of (Dec 16 to Dec 31, 2015) and
second for period of (Dec 1 to Dec 15, 2015) and
third for period of (Nov 15 to Nov 30, 2015 ).

I did not have with me the PayStub for period of (Dec 1 to Dec 15, 2015), which is missing in the application package.
So, I submitted
first for period of (Dec 16 to Dec 31, 2015) and
second for period of (Nov 15 to Nov 30, 2015 ) and
third for period of (Nov 1 to Nov 15, 2015) and
fourth for period of (Oct 15 to Oct 31, 2015).

I hope it is clear, about the missing pay stub.

I am planning to join new employer on next Monday Jan 18. In order to keep my record clean I am thinking if I should ask them a last favor or running payroll for the last period of (Jan 1 to Jan 15, 2016). My employer is already supported me by keeping me on payroll even though I am not working for them since 2 months. I am not sure if they will do that. Do you recommend to ask for this last pay stub, as it may help in future for my green card process, etc ?