Imm. Clarification Sought on H1 Transfer

[Hopeful_and_Confused]

Hello,

So, I am in a little bit of a confused mess now.

I currently work for employer A on H1. However, end of April, my employer told me that they are planning on a lay off and gave me time till May end. When I told them about my problem of time to find a new job, they agreed to give me a unpaid vacation for the month of May and then lay me off end of June. I recently got a job offer from a company B and I believe that for them to initiate my H1 transfer is going to take close to a month or more. I was afraid of me being out of status and spoke to my current employer A. They said, they could work it around and as I get paid bi-monthly, said they could pay me on July 15th than July 1st for the second half of June month, so that I can get 15 more days. Here are some problems:
1.The company B asks for last 2 months pay stubs (4 stubs for me, as I get paid twice a month). This might become an issue as I would have my last pay stub on July 15, have nothing for last 15 days of June, and have one for first half of June, have nothing for whole month of May (as I was on unpaid vacation) and then would have regular pay stubs for the prior months. I am not sure if this would be a problem.
2. I am not sure if company B knows of my situation. During my interview, when asked, I told them I am looking to move out ASAP and as of the month of June, I am still employed with company A.
3. Now, I am not sure how does that 1 month time frame count.

Could someone suggest any solutions for this?

[shervin143]

1.The company B asks for last 2 months pay stubs (4 stubs for me, as I get paid twice a month). This might become an issue as I would have my last pay stub on July 15, have nothing for last 15 days of June, and have one for first half of June, have nothing for whole month of May (as I was on unpaid vacation) and then would have regular pay stubs for the prior months. I am not sure if this would be a problem.
>>> You need to show proper pay slips for the last 2-3 months to prove that you did maintain the H1B status. Otherwise, there are chances that the transfer might get denied for being out of status.

2. I am not sure if company B knows of my situation. During my interview, when asked, I told them I am looking to move out ASAP and as of the month of June, I am still employed with company A.
>>> Talk to them to see if they can speed up the process or find another employer who can file the transfer asap.

3. Now, I am not sure how does that 1 month time frame count.
>>> As out of status.

[Hopeful_and_Confused]

Thanks Sherwin.

I did speak to the employer B and told them of he situation. They said realistically, they would have a written offer for me by next week and then within a week, be in a position to file for H1 transfer. I also told them that my current employer would delay my current pay-check to the 15th of next month to help me with the time-frame. Company B said it takes around 5-7 weeks from now for the full process to take place (which puts us at around Aug 1-2 week). Now, should I be on pay-rolls till 15th July, how much time would I have to consider myself to be safe?

Also, I can issue pay-stubs from the company too, for the past months but there would be a break in May, as I was on un-paid vacation. Would this be of any issue?

Any suggestions/info would be helpful.

[shervin143]

Unfortunately there is no such thing as unpaid vacation (within U.S) when you are in H1B. If you have been outside the country for that 1 month and if you have taken the vacation for medical reasons (that can be supported by medical certificates) USCIS won't buy this excuse. They may treat it as out of status period. Like I mentioned in my previous reply, when you file the extension, you need to show the latest pay slips for at least the last 2 - 3 months to get a successful transfer.

Thanks Sherwin.

I did speak to the employer B and told them of he situation. They said realistically, they would have a written offer for me by next week and then within a week, be in a position to file for H1 transfer. I also told them that my current employer would delay my current pay-check to the 15th of next month to help me with the time-frame. Company B said it takes around 5-7 weeks from now for the full process to take place (which puts us at around Aug 1-2 week). Now, should I be on pay-rolls till 15th July, how much time would I have to consider myself to be safe?

Also, I can issue pay-stubs from the company too, for the past months but there would be a break in May, as I was on un-paid vacation. Would this be of any issue?

Any suggestions/info would be helpful.