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RFE came for H1 Transfer, I129 petition.

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  • RFE came for H1 Transfer, I129 petition.


    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...


    RFE came for H1 Transfer, I129 petition.
    Warm Regards,

  • #2
    You were supposed to work for company Alpha because you entered on their approval notice. They are becoming more particular about "transfers" which require that you be in status (which you weren't) in order to get approval. You will likely have to go for consular processing since you violated the terms of your visa by not working for and being paid by Alpha. It is not the fault of your company but of you not following the rules.


    • #3
      what is this out of status?

      even if i spend a single day here without working for alpha does it mean i am out of status?

      what is counsalar processing?

      Warm Regards,


      • #4
        Consular processing is appearing at the consulate with your new employers papers for stamping. Sometimes you can exit and re-enter with new employers approval notice and current visa. Your new employer's attorney should advise you.

        Since you failed to report for work and get paid by employer Alpha, you have violated the terms of your visa which makes you "out of H1B status".


        • #5
          The issue about Sept 2008 paystubs can be resolved by the lawyer explaining the date of entry into US. However, you not worjking for A has put you out of status thereby stipping you off the ability to use AC21 portability to begin work for B immediately on filing of the H1b.

          This should be reason for concern and you should discuss it with your employer's attorney. All work for B may be considered unauthorized and illegal as you did not meet the requirements for portability at the time of filing.

          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.