Tweet
Hi Guys,
Before I explain about my situation: my H1B is non profit cap exempt.
I was hired by my employer on OPT. He filed for H1B this June. I recieved RFE on my H1B application on 30th July. My OPT expired on 1st of August (I did not have OPT extension). RFE got resolved and I finally recieved H1B on 13th September. During this fiasco my employer did not let me work in Cap Gap and he closed my position with an assurance that he will open it again to rehire me. He is working towards reopening the position and could only hire me by 15th October. Technically I am out of status after my approval till I am hired. I have following questions:
1. I got an offer from two other employers willing to do my H1B transfer (technically: sponsor another H1B with same cap). As per new rule I could work when I recieve notice of application of new H1B from USCIS. But I dont have paystubs of cap gap uneployed period and current ongoing out of status period. If I get a RFE would it too hard to justify USCIS that why I dont have any paystubs?
2. What is a better solution in this case? Is it to get hired by my previous employer and then initiate the transfer?
3. Would transfer to new employer void my previous H1B visa?
Thanks,
Rupa
Before I explain about my situation: my H1B is non profit cap exempt.
I was hired by my employer on OPT. He filed for H1B this June. I recieved RFE on my H1B application on 30th July. My OPT expired on 1st of August (I did not have OPT extension). RFE got resolved and I finally recieved H1B on 13th September. During this fiasco my employer did not let me work in Cap Gap and he closed my position with an assurance that he will open it again to rehire me. He is working towards reopening the position and could only hire me by 15th October. Technically I am out of status after my approval till I am hired. I have following questions:
1. I got an offer from two other employers willing to do my H1B transfer (technically: sponsor another H1B with same cap). As per new rule I could work when I recieve notice of application of new H1B from USCIS. But I dont have paystubs of cap gap uneployed period and current ongoing out of status period. If I get a RFE would it too hard to justify USCIS that why I dont have any paystubs?
2. What is a better solution in this case? Is it to get hired by my previous employer and then initiate the transfer?
3. Would transfer to new employer void my previous H1B visa?
Thanks,
Rupa
Comment