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  1. #1
    Join Date
    Jun 2008

    Default H1B Transfer Query

    Hi All,
    I am in the US on a H1B Visa valid until Sep 2009.
    I worked with my employer until Jan 29th 2008.
    After that I switched my employer and joined a new company stating from Feb 7th 2008.
    But then, they have filed my petition only on March 9th 2008.
    For the period From Feb 7th till March 9th they have paid me as Travel expenditure (in the March Pay roll).

    Now, there is a query from INS asking for the pay stubs from January 16th till
    March 8th.

    I have the following questions,
    1. Can my new company run payroll starting from Jan 30th even though they have filed the petition on March 9th?

    2. What other options do I have?

    3. within how many days should I respond to INS? (The query was on June 10th)

    Your quick response is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: H1B Transfer Query

    From what you're saying it sounds like the USCIS is concerned that you went out of status between the date you left your old employer and when you were reported to have started working for your new employer. Given the date discrepancy, this could be a real problem - not so much a "do-it-yourself" situation. I suggest consulting an immigration lawyer.

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