RFE came for H1 Transfer, I129 petition.

[ram2us]

Hi.

i got H1 from company Alpha on dec 2007.

I came to US in oct 2008 to join alpha, but thru a friend of mine i got introduced to company beta, got the interview done in 3 to 4 days and the offer was good so took it and they filed for my I129 and i got the receipt and i joined Beta.

Note: i never actually worked for Alpha even a single day. I dont have pay stubs from aplha at all.

Now USCIS had sent an RFE requesting for paystubs from sep 2008 from company alpha.

Why do they do that? they know i am in this country only on the second week of October 2008.

Did they overlook my case?

My ultimate question is can a H1 transfer be done without paystubs?

Am i doing something illegal? Is compay Beta doing something its not supposed to do?

Now wat are the options i have got... and what is the rejection rate in situations like mine.

Right now i am having sleepless nights i dont know whats gonna happen. Pls guys share ur experience and guide me thru this... i dont want to make a wrong step...

Regards
kumar.

[txh1b]

I said no because a transfer without paystubs is technically not possible as it clearly indicates one has violated the status. USCIS has been accomodative in some instances in the past but that is not a norm. Others should not get the message wrong.

It is illegal to enter on a H1b with no plans to work for the emoployer. Transfer has worked in the past if it was filed within 7 days of entry but USCIS is getting stricter by the day. You also don't qualify to use H1b portability if a transfer is filed when you were out of status.