Urgent H1B transfer RFE - Please help

[jignesh12]

My wife was working with company A till May 2007, she quit company A and joined a consultant B in May and they filed for her H1 transfer. Company B was not able to find any projects for her at our current location so she was not able to work since May 2007. Also she could not relocate because of family circumstances and hence we decided to get her H4 stamped and change her status till she finds a suitable opportunity. So she went to India and got her H4 stamped.

Now Company B has received RFE from USCIS to show the recent paystubs which she doesnot have.

Now in this circumstances what should she do? She doesnot have any paystubs since may 2007.

1) Should we withdraw her H1b transfer?
2) Can she work for any other company later or she has to go via company B?
3) How can she get her H1b back once she decides to work and has a good job offer in hand?
4) Will she have to file H1b transfer or renewal later when she decides to work?

Please help. Appreciate your inputs, we are in tough situation and need to resolve it soon and reply to INS.

Thanks,
Jignesh

[infoway]

Does she have a valid H1B visa Stamp on her passport? if yes, ask Employer B to reply the RFE without pay stubs and request a consular /port of Entry Notification. In her situation it wll be a POE Airport. They will receive a H1B without I-94. She will have to just go out and re-enetr using H1B.

If she does not have an H1B stamp, follow the same procedure and apply for a visa abroad. Remember, if she is out of status for over 180 Days; she may be barred for 3 years.

Not a legal advise.