H1b maintenance of status RFE for paystubs - old Employer did not pay for 2 weeks

USA H1B
1

I94 expired on Aug 31st 2019.
Joined new employer on May 19th 2019. Case received by USCIS on May 1st in normal processing.
On December 18th we got a RFE on maintenance of status.

Previous employer paid last salary 3 months later and mentioned the pay period as Aug 1st to Aug 31st. Now we have two paystubs for the month of Aug and no paystub for the period May 1st to 17th. Previous employer denied to correct paystub.

We just have relieving letter. Please help us on how to go ahead on this and reply for RFE.

2

Hi @Poonam_Vagale

I don’t know of a way to correct this situation. The paystub should have been generated for all the time you were working with them.

3

hi Anil ,can you pls help,I am in same boat
I got a offer with new employer and during h1 transfer rfe came as my current employer did not file the amendment in time.
they delayed my amendment by few weeks which raised suspicion to uscis.
if i respond new employers rfe can it impact my current status or can it lead to noir to current approved petition.I am really stressed.

4

Its difficult to suggest anything without knowing the content of RFE.

You should talk to your attorney for their opinion.

5

Hi Anil ,content of rfe is uscis feel that he is not working within the msa of the petition filled.
Paystubs say location texas but lca was filled for NJ,as i said my employer failed to file amendment in time.
My current employer has filled an amendment now but new employer has already responded rfe with wronf paystubs,
Pls advise what could be the impact.
Can it lead to noir on current petition or denial on new employers petition.how should i handle it.

6

Well, that looks like a violation.

It depends on the USCIS officer as to what decision they make. They can certainly deny the H1B claiming that you were ‘out of status’ as you worked from Texas without filing the amendment.

7

Hi Anil,I am not worried about new employment petition whether it go approved or denied.
Can it lead to any issues with my current job petition like noir or any future h1 transfers,Fyi my current employer has already filled an amendment and its in process.