RFE to prove H1B status maintenance - Payslips and W2 requested

USA H1B
1

Hi Anil,

I received RFE on Non immigrant Status from California center for my H1b Extension.
They wanted to know Whether I was at onsite (USA) at the time if filing and whether I have maintained the status and asked for
• Pay Slips from May 2017 to Till date.
• W2 forms for last two years
• Federal Tax for last two years.

Just wanted to know if this is common RFE which USCIS generally issue?

Thanks

2

This H1B RFE requesting to prove H1B status is NOT common.

I think USCIS has strong suspicion or have doubts on your status maintenance.

Questions to ask yourself:

  1. Have you changed your end client or job location frequently without filing H1B Amendment?

  2. Has your employer reported correct wages on your payroll?

3

Hi Anil,

Even for my RFE asked same docs 2 year payslips, W2, Education docs, Experience Docs.

I did changed 2 times work site location without amendment for below reason.

3 Years back my employer filed Petition with Multi LCA (2 LCA), one for DC and another NJ location and started working In DC Location. Then after 18 months got Project in NJ location, Before moving to NJ, Raised Amendment request in my employer internal portal [ As my emplyer will not allow to move new location until Amendment is Filed ]. My employer attorney came back and said Amendment is not required in my case as new work site address falls within 50 Miles of NJ LCA.

After one year working in NJ, got new project in MD. Again same thing before moving to new work site raised amendment request in employer site, employer attorney said not required amendment as DC LCA falls within 50 Miles of new work site.

It look like very complicated my case, not sure how my employer is going to prove it. Please share your opinion on my case.

4

As per my information, the criteria is not 50 miles of distance but the change of MSA (Metropolitan statistical area).

If MSA changes, you need to file H1B amendment.

It is possible that your attorney did validate the MSA. You have to ask them.

But, with the limited information that you have shared, it seems to me that MSA would have changed.

If everything was fine as per your attorney, you should have no issues in proving the status and your RFE should be approved. Don’t worry.

5

Thanks Anil for reply.

Even my worry is MSA only for work site currently working ( Maryland ). Distance is 35 miles from new work site (Anne Arundel County, MD) to DC LCA location. This work site falls in DC Consolidated Metropolitan Statistical Area (CMSA). ( Washington–Baltimore, DC–MD–VA–WV CMSA )

I had fewer knowledge on these things before my RFE. I listened blindly what my employer communicated and its one of the reputed employer (MNC).

Hope they might have validated everything…Finger crossed.

6

I think your employer attorney must have validated if your employer is a big company.

Don’t worry.

The cheap tricks are only used by small desi consulting companies who just want to save money.