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RFE situation in H1B Transfer/ Extension

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  • RFE situation in H1B Transfer/ Extension

    I am working with Employer "A"(typical Consulting firm) on H1B which is going to end on September 1st 2014. I got a full time offer from Employer "B" and they initiated my H1B transfer/extension in premium. But I got an RFE related to asking my pay stubs from last six months to make sure that I am maintaining my non immigrant worker status during that period especially my pay is running for mentioned period(This query came into picture as my June month paystub submitted, mistakenly mentioned my pay period as July 1st to July 31st instead of June. It's a mistake done by payroll running vendor at wrong time ).

    company B attorney mentioned that they want to respond to RFE with July month paystub(it's going to be generated on August 10th) along with a letter i got from payroll vendor explaining the mistake for June month paystub on August 11th.

    Based on this scenario I have following questions:
    1. After submitting evidence for this RFE, if the new H1B processing still get's prolonged over sept 1st. what would be recommendation for me.
    a. Can I give 15 day notice to my present employer on August 15th and join company B by Sept1st?
    b. After 15th August Can I ask my present employer to file for H1 extension in premium/non premium.The risk factor for this is I have to submit one client and two vendor letters, may be along with filing fee.
    c. 15 days back I had one more company C fulltime offer. But i didn't go for H1 filing with them because of having better offer. Can I reinitiate discussion with them and ask them to file H1. This will also take good 5 to 10 days to start.

    2. In worst case scenario if my Company B H1B is rejected and no other companies file my H1. Till how much time I can stay in U.S legally before going back to India, as I have a situation to get passport and visa for my new born baby(Any fast track instructions for this also apprieciated). our I94 has an expiry date of Sept11, 2014

    Any quick response to all questions are much appriciated.

    Thanks in advance

  • #2
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    • #3
      1 u can start working at b based on u r receipt..
      a. yes
      b yes
      c it is up to u but be carefull with agreements..
      technically 0 days