URGENT: RFE or new H-1?

[WorriedH-1]

Hello All,

Please kindly respond to the following URGENT questions:

Current situation:
The 'XYZ company' sent in for my H-1 visa TRANSFER (Premium). At this time, the BCIS recently issued an RFE for request for the latest paystubs for employment (i.e. between June and September). What do I do? I was laid off in June 2003 (H-1B status) and has not worked since then-i.e. no paystubs since June 2003 and being out of status for about 120 days now.

Do I:
(A) Withdraw the H-1 Transfer application? I dread responding back, as I have no paystubs to provide- which can most likely result in a denial!
(b) If and when the H-1 Transfer RFE is withdrawn, can a new company ('ABC') re-apply for a NEW H-1 visa (different processing center). If so, what are the chances of obtaining a new H-1 stamp in Mexico or am I better off going to my country of residence for the new stamp?


Many thanks for your kind attention and advice. I appreciate it!

[WorriedH-1]

Hello All,

Please kindly respond to the following URGENT questions:

Current situation:
The 'XYZ company' sent in for my H-1 visa TRANSFER (Premium). At this time, the BCIS recently issued an RFE for request for the latest paystubs for employment (i.e. between June and September). What do I do? I was laid off in June 2003 (H-1B status) and has not worked since then-i.e. no paystubs since June 2003 and being out of status for about 120 days now.

Do I:
(A) Withdraw the H-1 Transfer application? I dread responding back, as I have no paystubs to provide- which can most likely result in a denial!
(b) If and when the H-1 Transfer RFE is withdrawn, can a new company ('ABC') re-apply for a NEW H-1 visa (different processing center). If so, what are the chances of obtaining a new H-1 stamp in Mexico or am I better off going to my country of residence for the new stamp?


Many thanks for your kind attention and advice. I appreciate it!

[mmorales]

Did you have a severance package from the first company? If so, state that you do not have paystubs, but that you were technically on their payroll due to the length of time that the severance package covered. It would really be the best argument you could make as to why you were not out of status.

Once the case is approved, your approval notice should have a new I-94 that is evidence of your legal status. If you need to apply for a new visa stamp, consider revalidation. If not possible, then it's best to go to your home country, but Mexico and Canada are options.

info@myronmorales.com