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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 12-26-2010, 03:16 AM
Shiv169 Shiv169 is offline
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Default RFE -H1B Transfer - Can I start with the new Employer?


I put down the papers, and started the 3 week notice with my current employer -A, after the new company B recieved the H1 B transfer receipt from USCIS. However, now we have an RFE on the I129 application.

I woud like to know if I can start working with the new company B, while their lawyers furnish the additional paper work for RFE? Is it legally allowed? Or am I required to wait for the transfer to be approved before I could start, because there is an RFE? I have been working with company A for more than 2 years now, and I did submit the relevant pay stubs while applying for the H1 -B transfer.

If it is advisable to wait, the is it Ok to be not working for the time in between? How long can i stay without being on payroll? Because I am not sure how long USCIS can take to sort out the application.

Any comments/ answers would be greatly appreciated.

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