Some urgent advice needed!

[nj87]

Hi All,

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

Situation:
My current employer, Company A could not find a project for me since 6/1 so instead of being unpaid on H1B 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

[nj87]

Originally Posted by nj87

Hi All,

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

Situation:
My current employer, Company A could not find a project for me since 6/1 so instead of being unpaid on H1B 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, came to US on H1B in 3/2011 etc.
Any help is greatly appreciated!

Cheers,
NJ

[nj87]

Originally Posted by nj87

Hi All,

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

Situation:
My current employer, Company A could not find a project for me since 6/1 so instead of being unpaid on H1B 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, came to US on H1B in 3/2011 etc.
Any help is greatly appreciated!

Cheers,
NJ

[GCHope2011]

Originally Posted by nj87

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, came to US on H1B in 3/2011 etc.
Any help is greatly appreciated!

Cheers,
NJ

Missing paystubs can be an issue irrespective of whether you file for premium or not. In either of the two modes, they ask for paystubs from prior to filing the application, which does not make a difference in your case.

Your best bet will be to work with your previous employer to get the without pay leave or something like that clearly documented.

[nj87]

Originally Posted by GCHope2011

Missing paystubs can be an issue irrespective of whether you file for premium or not. In either of the two modes, they ask for paystubs from prior to filing the application, which does not make a difference in your case.

Your best bet will be to work with your previous employer to get the without pay leave or something like that clearly documented.

Hi GCHope2011,

Thanks for the quick response. I appreciate it!
Based on your comments (I share the same understanding after more research on the internet), I guess premium or regular processing would not matter for my case as I would, in all likelihood, receive a RFE in both scenarios for my missing pay-stubs.

Questions:
3. 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 and not stay here against the law) might be doubtful (due to missing pay-stubs).

4. 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

[GCHope2011]

Originally Posted by nj87

Hi GCHope2011,

Thanks for the quick response. I appreciate it!
Based on your comments (I share the same understanding after more research on the internet), I guess premium or regular processing would not matter for my case as I would, in all likelihood, receive a RFE in both scenarios for my missing pay-stubs.

Questions:
3. 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 and not stay here against the law) might be doubtful (due to missing pay-stubs).

4. 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

The best will be if your employer provides a pay stub with "0" hours - which means "0" payout. If that happens, you should be ok with regards to the status as well. For 180 day rule to apply, there is no need to go out and come back. Finally, if you are technically out of job, then you cannot come back on H1B if you go out. So you will have to come back in on a visitor's visa (if you have one).

And - I am not an attorney, so please don't follow my views without appropriate validation.

[nj87]

Originally Posted by GCHope2011

The best will be if your employer provides a pay stub with "0" hours - which means "0" payout. If that happens, you should be ok with regards to the status as well. For 180 day rule to apply, there is no need to go out and come back. Finally, if you are technically out of job, then you cannot come back on H1B if you go out. So you will have to come back in on a visitor's visa (if you have one).

And - I am not an attorney, so please don't follow my views without appropriate validation.

Thanks for your comments, GCHope2011. They are much appreciated.

- Let me check with Company A if a zero payslip can be generated.
- I am unsure if we are interpreting the Rule 245k correctly here. I do have a Canadian Tourist visa and B2 visa as well, and can make a quick trip to the border as well. Let me check with Company C's attorneys on their viewpoint on this.

Cheers,
NJ

[808hiflip]

Originally Posted by nj87

Hi GCHope2011,

Thanks for the quick response. I appreciate it!
Based on your comments (I share the same understanding after more research on the internet), I guess premium or regular processing would not matter for my case as I would, in all likelihood, receive a RFE in both scenarios for my missing pay-stubs.

Questions:
3. 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 and not stay here against the law) might be doubtful (due to missing pay-stubs).

4. 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

nj87,

Hey my friend here in IV, I think you worry too much about those missing paystub and getting RFE's for those. I think, this is only my opinion, as long as you are still in their employ, under their company, on their payroll list, employed under them, on-call or not, in office or working on field duties, paid or not...as long as THEY HAVEN'T TERMINATED YOUR SERVICE EITHER IN WORD OR IN PAPER, YOURE GOOD BECAUSE STILL YOU WILL DECLARE YOUR TAXES AND IT WILL SHOW!
So dont you let company C get away and work on you paper fast before they change their mind! Hope my little thought ease your troubled mind...

*Disclaimer
I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only.
Consult a competent immigration lawyer for all your immigration needs.

[nj87]

Originally Posted by 808hiflip

nj87,

Hey my friend here in IV, I think you worry too much about those missing paystub and getting RFE's for those. I think, this is only my opinion, as long as you are still in their employ, under their company, on their payroll list, employed under them, on-call or not, in office or working on field duties, paid or not...as long as THEY HAVEN'T TERMINATED YOUR SERVICE EITHER IN WORD OR IN PAPER, YOURE GOOD BECAUSE STILL YOU WILL DECLARE YOUR TAXES AND IT WILL SHOW!
So dont you let company C get away and work on you paper fast before they change their mind! Hope my little thought ease your troubled mind...

*Disclaimer
I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only.
Consult a competent immigration lawyer for all your immigration needs.

Hi 808hiflip,

Thanks for your thoughts on this. I am trying to prepare for the worst case scenario while hoping for the best :|
I have already started with my process for Company C and keeping my fingers crossed for that. I'll keep this group posted on how it eventually turned out for me.

Cheers,
NJ

[nj87]

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.