H1B Denail

[saru1]

Hello Experts,

I got laidoff by Company A in Jan2009. Then I find Employer B and he applied for my H1 Transfer on Dated Jan30th. After Few Days there was a RFE he send the required paper to USCIS but unfortunatly Officer was not satisfy with that and he denial my Petition on date March 9th.

There is a big 5 company they want to hire me. but my problem is my employer B haven't run my payroll for Feburary and March as he don't get the approval.

My Question is my employer B is leagly bind to give me Paystup untill he got the denail.

If he won't give me the paystub will USCIS concider the denail petion time when Employer C apply for my H1 Transfer.

Please suggest,

Best Regards,
Swati

[saru1]

Please help me in such a difficult time.

Swati.

[txh1b]

Transfer will not be possible. C has to apply for a H1b choosing CP - Consular processing with Premium Processing and you travel out and re-enter after the new petition is approved.

[saru1]

Thanks for your prompt reply.

Can I ask my employer B to provide me the pay stub for Feb and untill 9th March(H1 Denail Date).

If he will provide it to me still I have to go outside the Country?

Kindly Help.

Best Regards,
Swati.

[txh1b]

What do you mean by "provide"? You should get paid if you worked for them. Don't become a part of tax and immigration fraud.

[orion]

Thats right, that would be tax AND immigration fraud.