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H1 to H4 COS

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  • H1 to H4 COS

    Hi, My work with my employer actually ended on Oct 31 2016
    My employer kept me on a severance period (partially paid) for one month until Nov 30 2016. H1B revocation has been sent for 11/30/2016.

    I applied for H1 to H4 COS on 11/12/2016 and put the start date as 11/20/2016.
    At that time I had paystubs till 10/30/2016 and that is what I sent.
    My lawyer made a mistake and sent it to the wrong service center (Texas-going by jurisdiction) and then had to resubmit to the right service center (California-my husband's H1B is cap-exempt and all cap-exempt should be california).
    Due to this delay receipt date for my H4 COS application is 12/08/2016.

    I got an RFE asking me to provide more evidence that I was in status when the application was made.

    (1) I sent my last paystub (which is actually from Oct 31 2016 to Nov 13 2016 - it has base pay for 1 day Oct 31 2016 and some paid time off)
    (2) My 2016 W2 - my pay on W2 is more than the annual salary
    (3) Letter from my employer stating that I was employed till Nov 30 2016 and my H1B was revoked on Nov 301 2016.
    (4) My lawyer also added a letter that I filed the application while I was in status and it was delayed due to his mistake of sending it to the wrong center and having to resubmit it. He also mentioned that there is a regulation that says the applicant should not be punished for lawyers mistake.

    My question is how safe am I?

    (1) Am I going to get another RFE asking details about pay for the month of November? or why I am missing paystub from Nov 13 2016 to Nov 30 2016?
    (2) Will they consider me in status till Nov 13 2016 even though my paystub has base pay for 1 day and the remaining as paid time off? Do they see all these details on the paystub or just the dates?
    (3) Or will they consider me in status till Nov 30 2016 as my employment letter states Nov 30 2016 and H1B revocation date is Nov 30 2016?
    (4) If they are not convinced will they deny my H1 to H4 COS or send it to consular processing?
    (5) Also, as my last paystub is till 11/13/2016 and if H1 to H4 COS gets approved my H4 start date as requested on the application would be Nov 20 2016. Will I have any issues with this gap from 11/13/2016 to 11/20/2016 during EAD processing? (Have not applied for any EAD yet)

    Has anyone been through this situation? Any help is appreciated. Thanks so much.
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