I was laid off in June of this year. To keep my legal stay in the U.S, my previous employer paid me till end of November through vacation and severance pay. Right now another employer wants to hire me, and their lawyer asks three most current pay stubs. Since my most current 3 pay stubs were all severance pay, the lawyer insists on providing three most current pay stubs before my severance pay. So I have to provide 3 pay stubs from my vacation pay (August and September).
My question is:
1. If the USCIS knows that I have stayed in U.S. (from June to November) with my vacation pay and severance pay, will USCIS reject my H1B transfer? In fact, they can know it from my pay stubs.
-USCIS will approved the H-1 transfer, but it is possible the H-1 approval may have no I-94. If so, you just need to go to China to get the H-1 visa to come back, no a big deal. By the way, you may also provide the paycheck stubs from Aug to Nov.
My question is:
1. If the USCIS knows that I have stayed in U.S. (from June to November) with my vacation pay and severance pay, will USCIS reject my H1B transfer? In fact, they can know it from my pay stubs.
-USCIS will approved the H-1 transfer, but it is possible the H-1 approval may have no I-94. If so, you just need to go to China to get the H-1 visa to come back, no a big deal. By the way, you may also provide the paycheck stubs from Aug to Nov.
2. My stay in the U.S. with vacation and severance pay is legal or illegal?
-It is legal as long as the employer did not ask USCIS to withdraw the H-1 even if you are laid off (because they paid you, they should have not withdraw the H-1). So, not need to worry.
3. I am out of status (from end of November to now). Will it affect my H1B transfer?
-See the Answer to Question 1.
