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RFE came for H1 Transfer, I129 petition.

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  • RFE came for H1 Transfer, I129 petition.

    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.
    3
    yes
    0.00%
    0
    no
    33.33%
    1
    depends
    66.67%
    2
    Last edited by ram2us; 11-04-2008, 02:46 PM. Reason: i dont want it to b a poll
    Warm Regards,
    rm

  • #2
    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.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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