Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Complicated H1B transfer while on bench (URGENT - NEED HELP ASAP!)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Complicated H1B transfer while on bench (URGENT - NEED HELP ASAP!)

    Hi All,

    I am hoping that someone can help me with my situation here.

    Situation:
    I am working at a very large software company (as a vendor) on H1B since March 2011 through a reputable Indian-US company (Company 1) and got my last paycheck on 6/1/2012 and have been on bench (unpaid) since.
    I have good relations with my employer (Company 1) and they will not pull the plug on my H1B visa (for a few weeks) although they have told me they don’t have any projects for me and that I should start looking out for other jobs. I started applying to other companies/consultants a few weeks back and have a job offer from a big co. through a small desi staffing company (Company 2). Consequently, if I take this offer, I will be on Company 2’s payrolls.
    I have valid B1/B2 and Canadian visas as well.

    Questions (under the assumption that my current employer doesn’t pull the plug on my H1B visa):
    1. I am interviewing with other companies and know that I will convert a good full time job at a reputable company within 6-8 weeks from now.
    Is it a bad idea to be unpaid while on H1B for up to 6-8 weeks?
    2. After Company 2 starts my visa process, how soon can I join them?
    I have read on the internet that I can join them upon the receipt of H1B transfer case from the USCIS. Is that true? If yes, how long does this usually take for normal and premium processing after an application has been filed?
    3. If I get an offer from Company 3 after my H1B transfer process to Company 2 has started, can I start my H1B transfer process with Company 3 in parallel?
    4. If yes to Point 3, is it a bad idea to do that? Or do the US immigration authorities see it as an issue/red flag where an individual is having multiple H1B transfer petitions at the same time?
    5. If yes to Point 3, is the process for H1B transfer to Company 3 different with respect to what stage the H1B transfer process to Company 2 is at?
    6. If I am moving to Company 2 with a good chance of changing employers again within 8 weeks from now, does it matter whether I go for Normal or Premium H1B processing with respect to H1B transfer to Company 2?
    Company 2 is asking me to pay for 50% of H1B transfer fees, so I would like to avoid paying extra money, unless required for my scenario. If required, I can pay the money, no issues with that.
    7. If I am moving to Company 2 with a good chance to change employers within 8 weeks, is it a bad idea to join a small co. (Company 2) with respect to my future prospects of changing employers in the US?
    From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/offer letter etc.)
    8. If my H1B transfer petition to Company 2 gets approved and Company 1 finds a project for me, do I necessarily have to join Company 2 as my H1B visa has been transferred?
    I have read that I don’t have to. Why is that?
    9. Can it happen that my H1B transfer to Company 2 gets denied for any reason? If yes, in what scenarios? From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/ offer letter etc.)
    10. Any other potential issues to consider in this case?

    Thanks you so much for all the help! I am very anxious and need immediate help on this!

    Thanks,
    NJ

  • #2
    1. I am interviewing with other companies and know that I will convert a good full time job at a reputable company within 6-8 weeks from now.
    Is it a bad idea to be unpaid while on H1B for up to 6-8 weeks?
    Akhil: If you dont have the paystubs then getting the H1B transfer will be an issue.

    2. After Company 2 starts my visa process, how soon can I join them?
    I have read on the internet that I can join them upon the receipt of H1B transfer case from the USCIS. Is that true? If yes, how long does this usually take for normal and premium processing after an application has been filed?
    Akhil: Yes you can join them once you have the receipt but its always better to await for an approval (and then join)

    3. If I get an offer from Company 3 after my H1B transfer process to Company 2 has started, can I start my H1B transfer process with Company 3 in parallel?
    Akhil: Yes you can.

    4. If yes to Point 3, is it a bad idea to do that? Or do the US immigration authorities see it as an issue/red flag where an individual is having multiple H1B transfer petitions at the same time?
    Akhil: It doesnt cause any negative effects with respect to US immigration Authorities.

    5. If yes to Point 3, is the process for H1B transfer to Company 3 different with respect to what stage the H1B transfer process to Company 2 is at?
    Akhil: The process remains the same.

    6. If I am moving to Company 2 with a good chance of changing employers again within 8 weeks from now, does it matter whether I go for Normal or Premium H1B processing with respect to H1B transfer to Company 2?
    Company 2 is asking me to pay for 50% of H1B transfer fees, so I would like to avoid paying extra money, unless required for my scenario. If required, I can pay the money, no issues with that.
    Akhil: The only advantage of filing the transfer under premium is that you get the response from US CIS (decision for your case) within 15 calender days.

    7. If I am moving to Company 2 with a good chance to change employers within 8 weeks, is it a bad idea to join a small co. (Company 2) with respect to my future prospects of changing employers in the US?
    From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/offer letter etc.)
    Akhil: No issues until you have all the required paperwork.

    8. If my H1B transfer petition to Company 2 gets approved and Company 1 finds a project for me, do I necessarily have to join Company 2 as my H1B visa has been transferred?
    I have read that I don’t have to. Why is that?
    Akhil: Even if the petition is approved it is not mandatory to join Comp 2. You can continue with Comp 1.

    9. Can it happen that my H1B transfer to Company 2 gets denied for any reason? If yes, in what scenarios? From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/ offer letter etc.)
    Akhil: Yes it may get rejected (or may raise an RFE). If all the paperwork are in place then it wont.

    Comment


    • #3
      Originally posted by akhil_agarwal1 View Post
      1. I am interviewing with other companies and know that I will convert a good full time job at a reputable company within 6-8 weeks from now.
      Is it a bad idea to be unpaid while on H1B for up to 6-8 weeks?
      Akhil: If you dont have the paystubs then getting the H1B transfer will be an issue.

      2. After Company 2 starts my visa process, how soon can I join them?
      I have read on the internet that I can join them upon the receipt of H1B transfer case from the USCIS. Is that true? If yes, how long does this usually take for normal and premium processing after an application has been filed?
      Akhil: Yes you can join them once you have the receipt but its always better to await for an approval (and then join)

      3. If I get an offer from Company 3 after my H1B transfer process to Company 2 has started, can I start my H1B transfer process with Company 3 in parallel?
      Akhil: Yes you can.

      4. If yes to Point 3, is it a bad idea to do that? Or do the US immigration authorities see it as an issue/red flag where an individual is having multiple H1B transfer petitions at the same time?
      Akhil: It doesnt cause any negative effects with respect to US immigration Authorities.

      5. If yes to Point 3, is the process for H1B transfer to Company 3 different with respect to what stage the H1B transfer process to Company 2 is at?
      Akhil: The process remains the same.

      6. If I am moving to Company 2 with a good chance of changing employers again within 8 weeks from now, does it matter whether I go for Normal or Premium H1B processing with respect to H1B transfer to Company 2?
      Company 2 is asking me to pay for 50% of H1B transfer fees, so I would like to avoid paying extra money, unless required for my scenario. If required, I can pay the money, no issues with that.
      Akhil: The only advantage of filing the transfer under premium is that you get the response from US CIS (decision for your case) within 15 calender days.

      7. If I am moving to Company 2 with a good chance to change employers within 8 weeks, is it a bad idea to join a small co. (Company 2) with respect to my future prospects of changing employers in the US?
      From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/offer letter etc.)
      Akhil: No issues until you have all the required paperwork.

      8. If my H1B transfer petition to Company 2 gets approved and Company 1 finds a project for me, do I necessarily have to join Company 2 as my H1B visa has been transferred?
      I have read that I don’t have to. Why is that?
      Akhil: Even if the petition is approved it is not mandatory to join Comp 2. You can continue with Comp 1.

      9. Can it happen that my H1B transfer to Company 2 gets denied for any reason? If yes, in what scenarios? From my end, I have all paperwork in perfect order till date (with respect to tax/all paystubs/ offer letter etc.)
      Akhil: Yes it may get rejected (or may raise an RFE). If all the paperwork are in place then it wont.
      Hi Akhil,

      Thanks for the detailed reply. Really really appreciate it!

      I spoke to a few more people and they mentioned that I can theoretically join Company 2 as soon as they send my H1B transfer documents (using the Fedex No.) and I don't even need to wait for the USCIS receipt no. Ideally, it is best to wait for the receipt to start working at Company 2, however, I don't have that flexibility as I don't want to be unpaid for too long (as you mentioned, lack of paystubs may be a concern for H1B transfer). My questions:

      1. Do you know if the above is true?
      2. If I start working at Company 2 and Company 1 revokes my H1B and if I get RFE/denial for Company 2, does that mean I am out of status immediately and will have problems in going to Company 3 as well (If I get another offer)?
      If yes, I can try requesting Company 1 to not revoke my H1B visa for some time, but want to be sure.
      3. (Similar to Question 1) Am I allowed to start working for Company 2 (pending USCIS decision) while still being on Company 1's H1B (on paper)?

      Thanks a bunch again and I would to help you out in any way I can, if you every need anything from me! Hoping you can respond quickly like last time

      Thanks,
      Nipun

      Comment


      • #4
        1. Do you know if the above is true?
        >>> That is not true. FedEx receipt means nothing. If for any reason USCIS doesn't accept your application, then any employer with employer 2 is illegal as your were employed without proper authorization from USCIS. Only the receipt from USCIS is the acknowledgement that they have accepted your application for transfer which will make you work with employer 2 legal.

        2. If I start working at Company 2 and Company 1 revokes my H1B and if I get RFE/denial for Company 2, does that mean I am out of status immediately and will have problems in going to Company 3 as well (If I get another offer)?
        >>> Yes, you are considered out of status. This is why it is not recommended to join a company with just the receipt notice. When you are out of status, the chances of a successful transfer to any other employer is very less.

        If yes, I can try requesting Company 1 to not revoke my H1B visa for some time, but want to be sure.
        >>> It will not help as you will be employed with employer 2 by that time. USCIS will go by your latest pay slip.

        3. (Similar to Question 1) Am I allowed to start working for Company 2 (pending USCIS decision) while still being on Company 1's H1B (on paper)?
        >>> Not unless Company 2 files the H1B transfer and you receive the receipt notice. Advisable to join them only after the h1B transfer gets approved.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          >>1. I am interviewing with other companies and know that I will convert a good full time job at a reputable company within 6-8 weeks from now.
          Is it a bad idea to be unpaid while on H1B for up to 6-8 weeks?
          Akhil: If you dont have the paystubs then getting the H1B transfer will be an issue.

          From what I know, that is illegal. If you do not have paystubs for the tenure you are in the US on an H1B, you are automatically considered out of status because you have no means of showing you were paid and that you paid your taxes. I dont think you can even apply for a transfer without producing recent paystubs. Tread carefully. All the best.
          This is my opinion. Not a legal advice

          Comment


          • #6
            Originally posted by shervin143 View Post
            1. Do you know if the above is true?
            >>> That is not true. FedEx receipt means nothing. If for any reason USCIS doesn't accept your application, then any employer with employer 2 is illegal as your were employed without proper authorization from USCIS. Only the receipt from USCIS is the acknowledgement that they have accepted your application for transfer which will make you work with employer 2 legal.

            2. If I start working at Company 2 and Company 1 revokes my H1B and if I get RFE/denial for Company 2, does that mean I am out of status immediately and will have problems in going to Company 3 as well (If I get another offer)?
            >>> Yes, you are considered out of status. This is why it is not recommended to join a company with just the receipt notice. When you are out of status, the chances of a successful transfer to any other employer is very less.

            If yes, I can try requesting Company 1 to not revoke my H1B visa for some time, but want to be sure.
            >>> It will not help as you will be employed with employer 2 by that time. USCIS will go by your latest pay slip.

            3. (Similar to Question 1) Am I allowed to start working for Company 2 (pending USCIS decision) while still being on Company 1's H1B (on paper)?
            >>> Not unless Company 2 files the H1B transfer and you receive the receipt notice. Advisable to join them only after the h1B transfer gets approved.
            Thanks for the detailed answers, Shervin143. Much appreciated!

            1. Based on that, I think I am going to tell Company 2 that I will join them only after they get the USCIS receipt and not after they have sent the docs (Fedex receipt).

            2. Would I be considered out of status even if I get RFE only? (I understand that denial would mean that I go out of status)

            3. Yeah, I believe USCIS would be tracking where I am getting my payslips from. Makes sense.

            4. Ideally I would like to join only after getting approval, however, I cannot afford that luxury now and will have to take the risk of joining based on receipt only.

            Any comments on thoughts on the above would be greatly appreciated. I think this situation concerns a lot of people here, so I am hoping this helps others as well.
            Cheers,
            Nipun

            Comment


            • #7
              Originally posted by happybuddha View Post
              >>1. I am interviewing with other companies and know that I will convert a good full time job at a reputable company within 6-8 weeks from now.
              Is it a bad idea to be unpaid while on H1B for up to 6-8 weeks?
              Akhil: If you dont have the paystubs then getting the H1B transfer will be an issue.

              From what I know, that is illegal. If you do not have paystubs for the tenure you are in the US on an H1B, you are automatically considered out of status because you have no means of showing you were paid and that you paid your taxes. I dont think you can even apply for a transfer without producing recent paystubs. Tread carefully. All the best.
              Thanks for the insight, happybuddha.
              I believe you are correct that I should have paystubs for my entire stay on H1B. I all have all but one on that (I will not be getting a paystub for July 2012) - But I guess a chain is as strongest as it's weakest link. I'll try to push Company 2 to file my H1B transfer paperwork within this month so that I can potentially avoid the situation of having missing paystubs for June 2012.

              I'm super worried and hope things work out. Thanks for all the help again!
              Any comments or thoughts are most appreciated!

              Cheers,
              NJ

              Comment


              • #8
                1. Based on that, I think I am going to tell Company 2 that I will join them only after they get the USCIS receipt and not after they have sent the docs (Fedex receipt).
                >>> That would be a wise decision. If they file the transfer in premium, they will receive the receipt notice visa email.

                2. Would I be considered out of status even if I get RFE only? (I understand that denial would mean that I go out of status)
                >>> No. Only if the transfer gets denied, you will go out of status.

                3. Yeah, I believe USCIS would be tracking where I am getting my payslips from. Makes sense.

                4. Ideally I would like to join only after getting approval, however, I cannot afford that luxury now and will have to take the risk of joining based on receipt only.
                >>> If you can manage to convince the employer to go for premium, then you can get a decision within 15 days. Even in case of a denial, it will keep your out of status period less.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thanks a ton to akhil_agarwal1, shervin143 and happybuddha for their replies! You guys rock!

                  My situation is still in a bit of flux now and I will update the thread in a few weeks on how it concluded. Hopefully this thread this will help someone in need.

                  Cheers,
                  NJ

                  Comment


                  • #10
                    Some more urgent help needed!

                    Hi All,

                    I am in desperate need of some more advice from the fellow members here:

                    Situation:
                    Company A could not find a project for me so instead of being unpaid for long, I started looking out and got offers from Company B (as vendor, more money) and C (as FTE, lesser money). After evaluation, I chose Company C for stability and they filed my LCA last week and if that is approved, they will file my H1B petition in the coming week. Also, I explained my complicated situation in detail to Company C's attorneys (my last paystub is from 6/1 and I have been unpaid since then). They advised me to get a letter (for my H1B petition) from Company A stating that I have been in employment with them but on unpaid leave since 6/1 due to personal reasons. I have requested Company A for that and hope for the best (fingers crossed).
                    Depending on answers to the following questions, I have to discuss and request to Company C's attorneys on Monday (7/9) to file for regular or premium processing (Company C is willing to spend extra on my premium processing).

                    Questions:
                    1. Is it better to go for regular or premium H1B processing (in terms of getting an RFE for my H1B petition and consequently my chances of approval)?
                    I have heard (and it sounds logical to me) that there is higher probability of a RFE in premium than regular processing. Because, in premium processing, USCIS has to respond (with a RFE/approval/denial) within 15 days of receipt and would raise a RFE at the slightest pretext. Whereas, in regular processing, I would have already started working with Company C after receiving the USCIS receipt and even if a RFE is issued asking for latest pay-stubs after, say, 2 months, I would have worked at Company C for 2 months and have at least 3-4 biweekly pay-stubs from them.
                    This question is interlinked to my next question.

                    2. If I go for regular processing, can the USCIS issue an RFE asking for pay-stubs from 6/2-7/15 (even if I get the aforementioned letter from Company A that says I have been employed but on unpaid leave due to personal reasons) (considering my last pay-stub from Company A was on 6/1 and I joined Company C on 7/16) after, say, 2 months from 7/16? Or would they only ask for the latest pay-stubs (I should have 3-4 biweekly pay-stubs from Company C after 2 months).

                    I understand that it is difficult to answer my questions definitively as every case is different but I am looking for some reasonable pointers to help me decide, even though they might not be the solution for each and every situation.

                    Any help or pointers are really really appreciated! Thanks in advance!

                    Regards,
                    NJ
                    Last edited by NJ87; 07-08-2012, 01:46 AM.

                    Comment


                    • #11
                      Urgent advice on H1B transfer needed!

                      Originally posted by NJ87 View Post
                      Hi All,

                      I am in desperate need of some more advice from the fellow members here:

                      Situation:
                      Company A could not find a project for me so instead of being unpaid for long, I started looking out and got offers from Company B (as vendor, more money) and C (as FTE, lesser money). After evaluation, I chose Company C for stability and they filed my LCA last week and if that is approved, they will file my H1B petition in the coming week. Also, I explained my complicated situation in detail to Company C's attorneys (my last paystub is from 6/1 and I have been unpaid since then). They advised me to get a letter (for my H1B petition) from Company A stating that I have been in employment with them but on unpaid leave since 6/1 due to personal reasons. I have requested Company A for that and hope for the best (fingers crossed).
                      Depending on answers to the following questions, I have to discuss and request to Company C's attorneys on Monday (7/9) to file for regular or premium processing (Company C is willing to spend extra on my premium processing).

                      Questions:
                      1. Is it better to go for regular or premium H1B processing (in terms of getting an RFE for my H1B petition and consequently my chances of approval)?
                      I have heard (and it sounds logical to me) that there is higher probability of a RFE in premium than regular processing. Because, in premium processing, USCIS has to respond (with a RFE/approval/denial) within 15 days of receipt and would raise a RFE at the slightest pretext. Whereas, in regular processing, I would have already started working with Company C after receiving the USCIS receipt and even if a RFE is issued asking for latest pay-stubs after, say, 2 months, I would have worked at Company C for 2 months and have at least 3-4 biweekly pay-stubs from them.
                      This question is interlinked to my next question.

                      2. If I go for regular processing, can the USCIS issue an RFE asking for pay-stubs from 6/2-7/15 (even if I get the aforementioned letter from Company A that says I have been employed but on unpaid leave due to personal reasons) (considering my last pay-stub from Company A was on 6/1 and I joined Company C on 7/16) after, say, 2 months from 7/16? Or would they only ask for the latest pay-stubs (I should have 3-4 biweekly pay-stubs from Company C after 2 months).

                      I understand that it is difficult to answer my questions definitively as every case is different but I am looking for some reasonable pointers to help me decide, even though they might not be the solution for each and every situation.

                      Any help or pointers are really really appreciated! Thanks in advance!

                      Regards,
                      NJ
                      For some more background about me, I believe that I can receive an RFE only for missing pay-stubs from 6/2 till I join my new employer (duration of 6 weeks), which is a big thing in itself. I just wanted to highlight that my other things are in order like older pay-stubs, new company/work is genuine, I have all degree certificates, have already traveled on B2 visa prior to coming here on H1B visa, have been in the US on H1B since 3/2011 etc.
                      Any help is greatly appreciated!

                      Cheers,
                      NJ
                      Last edited by NJ87; 07-08-2012, 12:58 PM.

                      Comment


                      • #12
                        Found answers to previous questions. Some fresh brainstorming help needed!

                        Originally posted by NJ87 View Post
                        For some more background about me, I believe that I can receive an RFE only for missing pay-stubs from 6/2 till I join my new employer (duration of 6 weeks), which is a big thing in itself. I just wanted to highlight that my other things are in order like older pay-stubs, new company/work is genuine, I have all degree certificates, have already traveled on B2 visa prior to coming here on H1B visa, have been in the US on H1B since 3/2011 etc.
                        Any help is greatly appreciated!

                        Cheers,
                        NJ
                        Originally posted by NJ87 View Post
                        Hi All,

                        I am in desperate need of some more advice from the fellow members here:

                        Situation:
                        Company A could not find a project for me so instead of being unpaid for long, I started looking out and got offers from Company B (as vendor, more money) and C (as FTE, lesser money). After evaluation, I chose Company C for stability and they filed my LCA last week and if that is approved, they will file my H1B petition in the coming week. Also, I explained my complicated situation in detail to Company C's attorneys (my last paystub is from 6/1 and I have been unpaid since then). They advised me to get a letter (for my H1B petition) from Company A stating that I have been in employment with them but on unpaid leave since 6/1 due to personal reasons. I have requested Company A for that and hope for the best (fingers crossed).
                        Depending on answers to the following questions, I have to discuss and request to Company C's attorneys on Monday (7/9) to file for regular or premium processing (Company C is willing to spend extra on my premium processing).

                        Questions:
                        1. Is it better to go for regular or premium H1B processing (in terms of getting an RFE for my H1B petition and consequently my chances of approval)?
                        I have heard (and it sounds logical to me) that there is higher probability of a RFE in premium than regular processing. Because, in premium processing, USCIS has to respond (with a RFE/approval/denial) within 15 days of receipt and would raise a RFE at the slightest pretext. Whereas, in regular processing, I would have already started working with Company C after receiving the USCIS receipt and even if a RFE is issued asking for latest pay-stubs after, say, 2 months, I would have worked at Company C for 2 months and have at least 3-4 biweekly pay-stubs from them.
                        This question is interlinked to my next question.

                        2. If I go for regular processing, can the USCIS issue an RFE asking for pay-stubs from 6/2-7/15 (even if I get the aforementioned letter from Company A that says I have been employed but on unpaid leave due to personal reasons) (considering my last pay-stub from Company A was on 6/1 and I joined Company C on 7/16) after, say, 2 months from 7/16? Or would they only ask for the latest pay-stubs (I should have 3-4 biweekly pay-stubs from Company C after 2 months).

                        I understand that it is difficult to answer my questions definitively as every case is different but I am looking for some reasonable pointers to help me decide, even though they might not be the solution for each and every situation.

                        Any help or pointers are really really appreciated! Thanks in advance!

                        Regards,
                        NJ
                        After some more research on the internet, I found that missing pay-stubs will be an issue for me irrespective of whether I file for premium or not.
                        Consequently, I have thought of doing the following:
                        a. Go for regular H1B processing as that will potentially give me more time to stay in US (considering the worst case scenario - i.e. my H1B petition gets denied) and hunt for jobs in India.
                        b. Push Company A to get documentation that I was in employment but on unpaid leave (for ~6 weeks) for personal reasons.

                        Questions:
                        3. Does the above point (a.) seem like a reasonable thing to do?
                        Any thoughts/comments/ideas/brainstorming pointers would help!

                        4. If I get documentation from Company A stating that I was in employment with them but on unpaid leave (for ~6 weeks) due to personal reasons, does that benefit chances of my H1B petition with Company C a lot?
                        There is not much I can do about this situation except for getting the letter and obviously getting the letter doesn't harm, but more info. around the same will help in planning my immediate future and minimizing losses by being prepared for what may come my way. I don't want to buy a car/get a 1 year apartment lease if I know that my stay in this country beyond a few months (if my H1B petition is rejected, I will return to India promptly) might be doubtful (due to missing pay-stubs).

                        5. Any ideas if the Rule 245k can be applied to my scenario?
                        After some research on the internet, I found that up to 180 days (from my last entry into US) of out of status stay in the US can be overlooked? FYI, I have a Canadian Tourist Visa and the Canadian border is about ~4 hours away by car from me. I can easily make a quick trip to there next week. However, I am not sure if I understand this rule appropriately and if it is a good idea to do that while my H1B petition with Company C is going on and Company A will report my termination to USCIS late next week.

                        Any advice/comments/thoughts/brainstorming points are greatly appreciated!

                        Cheers,
                        NJ
                        Last edited by NJ87; 07-09-2012, 11:26 AM.

                        Comment


                        • #13
                          RFE issued! Help needed!

                          Any thoughts/comments to my questions, expected response, and my intended course of action would be really really appreciated.

                          Situation:

                          My current employer (Company C from the earlier thread below) filed my H1B visa application on 7/16/2012 in regular processing and I have been working there ever since.
                          In the last week of Nov. 2012, I found that I have to visit India around 1/20/2013 for my brother's wedding. I requested my current employer to apply for premium processing (PP) ASAP so that I may get a decision from USCIS soon and hopefully be able to travel out of USA in time. They applied for PP immediately on 12/4 and I received a RFE on 12/12 for the following reasons:

                          Company specific info.:
                          1. My employer changed locations within the same city between my applications for regular and premium processing, so USCIS requested for supporting info. for that.
                          My HR has prepared the latest official company documents (copy of the business lease/utility bills for the business premises/official quarterly tax returns/other official documents reflecting the new address/official address change notification to clients, etc.), so I believe that I should be good on that.

                          Employee (my) specific info.:
                          2. Copies of my payroll records with my previous employer (Company A) for 7/7 to 7/16 (9 days).
                          I resigned from my previous job on 7/6 and my H1B petition with my current employer was filed on 7/16. Consequently, I was out of status for 9 days (7/7 - 7/16). I do not have pay-stubs for this period or any explanation for USCIS for this gap.

                          3. A letter from my previous employer acknowledging the effective date I resigned from there.
                          I have got a letter from my previous employer stating the same (last date - 7/6/2012) and shared it with my current employer's attorneys handling my H1B petition.

                          4. Copies of my pay records with my current employer.
                          I have shared copies of my latest pay-stubs with my attorneys.

                          Questions:

                          The ultimate question that I am trying to get an answer to is around the timing to my RFE response submission, so that I can minimize risk to my India travel plans
                          (provided response to the Question #2 above is No).
                          All paperwork for my RFE is ready for submission to USCIS, but I am hoping that answers to the following smaller questions can help me make a decision:

                          1. Are 2nd RFEs common?
                          I don't foresee a reason for a 2nd RFE, but having said that, I would guess that that is difficult to predict..
                          The only thing that I remotely expect to get a RFE on - Why was I was out of status for 9 days (7/7 - 7/16)? But I guess that's not really a question that USCIS would ask. Either I have documents to prove that I was in status or I don't. I would assume it's black & white in that respect.

                          2. If I get a 2nd RFE, can I travel out of India and return to USA *safely* while my H1B petition is still in RFE status?
                          By *safely* I mean that there is no reason to believe that I will be stopped at the port of entry when returning to USA.
                          I have heard that that is not a good idea, but wanted to confirm and learn from someone else's experience here..?

                          3. If I get H1B approval pending stamping from out of the country, do I have to leave USA immediately?
                          I have heard that the answer is yes, but wanted to confirm that..


                          My personally 'expected' outcome after response to 1st RFE:
                          I get my visa approval but have to travel out of the country to get my stamping done again.

                          In light of the above expected response, my HR suggested that we reply to the RFE around 1/1/2013 so that by the time the expected outcome (see above) comes on ~1/15, I can travel to India around my desired dates of travel (~1/20) and get my stamping done in India as well.
                          However, after thinking about it a little more, (my intended course of action) I am thinking of requesting my attorneys to reply to my RFE immediately, which would give me the following advantage:
                          In case I get the 2nd RFE, replying early to the 1st RFE will afford me more time to reply to the 2nd RFE before my intended dates of travel.
                          Additionally, in case I get the expected response to my 1st RFE earlier than my planned dates of travel, I can travel out of the country and work remotely for a few weeks from India (I anticipate my boss to be good with that).

                          On paper, I have time till 3/6/2013 (March 6, 2013) to reply to my 1st RFE.
                          Last edited by NJ87; 12-19-2012, 12:24 AM. Reason: Adding more details

                          Comment


                          • #14
                            Resolved!

                            This was resolved >2 years ago, but I figured that it's better to post a resolution to possibly help someone than post nothing at all.

                            So my company's attorneys replied with all the necessary documentation and my visa was approved and I got it stamped till July 2015 when I visited India in Jan 2013.
                            The only tricky part in my RFE was trying to explain the no pay stub gap during the time when my previous employer ran my last pay stub and when I started my new job. My company's attorneys responded to that indirectly that we don't have any paystubs for that period but here's all his other paperwork (old and current) and he has been working at his new employer for 5 months or so and shared my latest pay stubs and that worked for me.

                            A big big round of thanks to everyone who helped!
                            Hope this helps someone in need. Feel free to email with questions.

                            Cheers,
                            NJ
                            Last edited by NJ87; 04-21-2015, 07:15 PM.

                            Comment

                            {{modal[0].title}}

                            X

                            {{modal[0].content}}

                            {{promo.content}}

                            Working...
                            X