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  #1 (permalink)  
Old 12-19-2012, 09:52 AM
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Default H1 transfer denied, H4 filed, waiting result

Your response is appreciated as it affects my wife's legal status.

- My wife was working for company A in H1.
- Then she filed H1 transfer and started working (under H1 receipt) for company B.
- H1 transfer was denied on Nov 14, 2012 because her client did not provide client letter.
- She filed H4 (under my H1) no Nov 19, 2012.

We are still waiting for the result but my concern is we have only provided paystub from company A which was till Sep, 2012. We do have paystub from company B for the period she worked there but haven't submitted those as they would conflict with the original H1 which has company A's name.

The i94 on original h1 doesn't expire till 2013. Please suggest if we should have included paystub from company B.

Thank you,
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  #2 (permalink)  
Old 12-19-2012, 12:46 PM
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greendream26 can only hope to improve
Default

Quote:
Originally Posted by xb0w View Post
Your response is appreciated as it affects my wife's legal status.

- My wife was working for company A in H1.
- Then she filed H1 transfer and started working (under H1 receipt) for company B.
- H1 transfer was denied on Nov 14, 2012 because her client did not provide client letter.
- She filed H4 (under my H1) no Nov 19, 2012.

We are still waiting for the result but my concern is we have only provided paystub from company A which was till Sep, 2012. We do have paystub from company B for the period she worked there but haven't submitted those as they would conflict with the original H1 which has company A's name.

The i94 on original h1 doesn't expire till 2013. Please suggest if we should have included paystub from company B.

Thank you,
I just explained to someone on the forum that you cannot have 2 companies paying at the sametime on H1, its considered fraud. Do not get involved in such activites watsoever.

Again if they paid you for same months and both companies deducted taxes than the government will already come to know about this........

For your wife's H4 why do you have to submit the Paystubs of the previous H1??

If you saying you applied for H1 transfer then off course you have to provide previous company paystubs. I hope you applied the transfer in premium processing.

I just do not understand why people start working with new company and wait until they get their approval from uscis...... They put everything at stake when taking such risks !!!!
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  #3 (permalink)  
Old 12-19-2012, 02:14 PM
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Default

I just explained to someone on the forum that you cannot have 2 companies paying at the sametime on H1, its considered fraud. Do not get involved in such activites watsoever.
I am sorry if i did not explain it well. Two companies are not paying at the same time. The second company only paid for the duration she worked there under H1 transfer receipt. After the case was denied, she left the job and filed for H4.
If you saying you applied for H1 transfer then off course you have to provide previous company paystubs. I hope you applied the transfer in premium processing.
H1 transfer is already been denied. My question is regarding the H4 she filed after the H1 transfer was denied. We are worried if it gets approved or not because she has only submitted the paystub from previous company which is till sep 2012. She has paystub from new company for oct and nov but we did not include that on H4 filing. Now my question is should we have submitted the paystub from new company even though H1 transfer was denied for that company?


I just do not understand why people start working with new company and wait until they get their approval from uscis...... They put everything at stake when taking such risks !!!!
I can't speak for everyone but in our case, it was due to ignorance. she started working on receipt because that is allowed by USCIS and we didn't know there was any risk involved. Had we known that there was even a slightest risk, we wouldn't have taken that move. I do not want to blame anyone but this has made me wonder if USCIS would not have allowed to work for new company until H1 transfer have been approved, then no one would fall into this trap. Please correct me if i am wrong.

But, that is in past. Now, I would like to know the possibility of her h4 getting approved. Thank you.
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  #4 (permalink)  
Old 12-19-2012, 02:24 PM
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Lightbulb

If you think working for a company on receipt of H1 application is legal even if it gets denied later than why not submit those paystubs too?? Atleast you know watever u did is true. I would recommend you to talk to a lawyer to be more precise!!!

There was a discussion in one of the forums and someone did talk about new rules from uscis that one can start working on H1 only after approval.......might be that was for H4 to H1....not to scare you.....just recalled something while typing...

anyways it doesn't seem you broke any rules and she should get a H4 approval.......normally H4 COS dont get denied atleast I havent heard of any..........becoz H4 is close to being useless (no offenses)!!!

Check with the lawyer who filed for her H4 (I hope its ur companies preferred guy ) and they should reply u without any fees since they got payment for filling ur wife's petition.
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  #5 (permalink)  
Old 12-19-2012, 02:49 PM
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At this stage we would very much gladly take that useless h4, as that would keep her in status. I will definitely look into that new rule as that would prevent others from being in this dead end situation where u neither have

About the lawyer, we used our own lawyer not company lawyer and he did not discuss about including these paystubs from new company and that is why i wanted to consult on this forum. I know we can't submit now but should we receive rfe (hope not), I will ask my lawyer to include these paystubs as well and a coverletter explaining the situation.

At the mean time, do you know any lawyer would might have handled similar H4 situation who can better defend the case.

Appreciate all your prompt responses. Many thanks,
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  #6 (permalink)  
Old 12-19-2012, 03:27 PM
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Default

Quote:
Originally Posted by xb0w View Post
At this stage we would very much gladly take that useless h4, as that would keep her in status. I will definitely look into that new rule as that would prevent others from being in this dead end situation where u neither have

About the lawyer, we used our own lawyer not company lawyer and he did not discuss about including these paystubs from new company and that is why i wanted to consult on this forum. I know we can't submit now but should we receive rfe (hope not), I will ask my lawyer to include these paystubs as well and a coverletter explaining the situation.

At the mean time, do you know any lawyer would might have handled similar H4 situation who can better defend the case.

Appreciate all your prompt responses. Many thanks,
Hey man first of all "Useless H4" was not a term used for you. It was a generic term, even my wife is frustrated on that status, can't help it. Just said that becoz I know how frustrating H4 is hence the term useless. No offenses again!!!

As I said I dont really see any reason for a RFE because USCIS knows that they denied the H1 application so U applied H4 within the said time to save her visa status.
But you are right keep your documents ready in case u get one.
I do not know any lawyer other than the one my company uses and they are good at it but can't disclose any names.

I know this community has very good seniors if anyone replies it should resolve ur question and I am sure they know the answer because they all work close to many lawyers!!!

Best of Luck!!!! Hope to see you safely out of the puddle!!!
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  #7 (permalink)  
Old 12-19-2012, 03:54 PM
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ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

Quote:
Originally Posted by xb0w View Post
Your response is appreciated as it affects my wife's legal status.

- My wife was working for company A in H1.
- Then she filed H1 transfer and started working (under H1 receipt) for company B.
- H1 transfer was denied on Nov 14, 2012 because her client did not provide client letter.
- She filed H4 (under my H1) no Nov 19, 2012.

We are still waiting for the result but my concern is we have only provided paystub from company A which was till Sep, 2012. We do have paystub from company B for the period she worked there but haven't submitted those as they would conflict with the original H1 which has company A's name.

The i94 on original h1 doesn't expire till 2013. Please suggest if we should have included paystub from company B.

Thank you,
If the H4 was applied quickly after the denial, thats the maximum you could do.

You can not justify 'out of status' based on rules on paper. It depends on situation.

USCIS may find this is appropriate when most of the public forum users find the same as "out of status".
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  #8 (permalink)  
Old 12-19-2012, 04:11 PM
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Default

Quote:
Originally Posted by greendream26 View Post
Hey man first of all "Useless H4" was not a term used for you. It was a generic term, even my wife is frustrated on that status, can't help it. Just said that becoz I know how frustrating H4 is hence the term useless. No offenses again!!!

As I said I dont really see any reason for a RFE because USCIS knows that they denied the H1 application so U applied H4 within the said time to save her visa status.
But you are right keep your documents ready in case u get one.
I do not know any lawyer other than the one my company uses and they are good at it but can't disclose any names.

I know this community has very good seniors if anyone replies it should resolve ur question and I am sure they know the answer because they all work close to many lawyers!!!

Best of Luck!!!! Hope to see you safely out of the puddle!!!
appreciate it..thanks for the input..
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