Hi there,

I was recently laid off from employer A, but I have a job offer from employer B. Employer B is a new company so it has taken a few weeks to figure out an office address and other things to include on my H1B transfer petition. We are now waiting for approval of the LCA and plan to file in a few days.

However, it has been 3 weeks since my last pay stub from Employer A. I'm concerned that USCIS will reject my petition because I am technically out of status for these three weeks. I could have switched to TD status, but it seemed even more complicated that just filing for transfer. Should I be worried that they will reject the petition because of the gap? And if I receive an RFE asking for my most recent paystub will I be automatically rejected if I can't produce them?

If anyone can give me advice about what to do I'd be appreciative - I can still submit with consular processing, but I'd like to start working for the employer immediately.