Yes. Normally for an H-1B COE case, we must show that the foreign worker has been maintaining H-1B status. Maintaining H-1B status means that the foreign worker is actively employed by their H-1B sponsoring employer. To prove that the foreign worker has been maintaining H-1B status, USCIS requires copies of the individual’s most recent paystubs as part of the H-1B COE submission. If the foreign worker has been laid off, they are no longer maintaining their H-1B status which could impact whether an H-1B COE case would be approved.
It is important to know when the foreign worker was laid off. The USCIS has discretion to approve the H-1B COE case if the period of non-maintenance of status is 60 days or less. If the foreign worker has been laid off for a longer period of time, we may discuss other options for processing the H-1B petition such as filing the case for consular notification, which would require a foreign worker to depart the U.S. and re-enter in order to activate their H-1B status.