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I entered USA for the first time in June 2013 on H4 Visa on leave from current Indian Company. My Indian Company had file H1B petition for me in April 2013.So H1B was filed at the time when I was not on H4.My H1B status is RFE, Submitted RFE Docs in End of July 2013. How much time can it take to get an approval after RFE If I get an approval before October, can I transfer my H1B to a new employer. How much time will it take to transfer H4 to H1B and what are the documents required if transfer is done before October. What are the documents required if approval comes after October,I suppose after October paystubs are required, as I am on leave from my current company, i will not have any paystub. So I will not be able to change employer within US?. In that case I will have to go back to India, work for 3 months x`so that paystub is generated then come to US. If I go back to India generate paystubs does my employer needs to file a change of status as i was on H4 for few months
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Immigration and Nationality Law Attorney serving New York, NY
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Although there is no particular timeline as to when U.S.C.I.S. will make a decision after having received an RFE response, we generally expect a response within 60 days. If you obtain an approval before October, you should be able to transfer the H-1B approval to a new employer unless U.S.C.I.S. believes that you and your first H-1B sponsor had no intention that you work there on the H-1B approval. To transfer the H-1B to a new employer, the new petitioner would have to submit a new H-1B petition on your behalf. The documents required would be approximately the same as with the first attempt to change status to H-1B. The time that it would take for an H-1B transfer to be approved is normally two – four months, but premium processing is also available under which U.S.C.I.S. will reach the case in 15 calendar days for an additional fee of $1225. If your approval comes after October, U.S.C.I.S. will take into account how long after the approval the next petition was submitted and whether there was ever any intention to work with the first sponsoring H-1B employer when deciding whether to approve the H-1B submission without pay stubs. In looking over the last questions, I do not understand your need for pay stubs if you are outside the United States nor do I understand the generation of pay stubs from India and their relevance to any change of status as you will be outside the US and a change of status is only afforded those in the country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 11th, 2013 at 8:13 PM
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Your facts are very convoluted and specific. This message board is for general types of questions. Please contact an immigration attorney to discuss. I would suggest that you provide a chronology of the events.
Answered on Jul 29th, 2013 at 3:27 PM