Will USCIS accept 1-2 months old payslips for H1B transfer

Asked 10 months ago - Madison, WI

Hi,
As LCAs cannot be filed until the govt. reopens, whenever the govt. reopens and LCAs do start getting certified, will USCIS accept 1-2 months old payslips upon time of filing H1B transfer alongwith certified LCA?
My issue is I got out of status as of 4th Oct,. I had already resigned in Sept. and my new employer could not file an LCA due to the shutdown. What kind of respite can we expect from CIS in this regard when they are not paying any heed to AILA's request for accepting applications without certified LCA.

Attorney answers (2)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . You have to show you are in a valid non-immigrant status when the I-129 is filed.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Stephen D. Berman

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . When filing an H1b transfer [assuming your first employer did not withdraw your H1b], you may have as long as 60 days to file the new application. So a pay slip two weeks old will not be an issue. Be sure to discuss it with your attorney.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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