Urgent help needed for RFE from USCIS

[Harish Dawke]

I got laid off from employer A on September 30th 2014. I got new job offer from employer B and they filed H1B visa on 20th October 2014 in premium processing. Now i got a RFE from USCIS in regards to the petition. They are requesting additional information surrounding your departure from your previous employer. What was the reason, and did you leave on good terms?
What are my options?
What are the Documents need?

[raghvi]

I got laid off from employer A on September 30th 2014. I got new job offer from employer B and they filed H1B visa on 20th October 2014 in premium processing. Now i got a RFE from USCIS in regards to the petition. They are requesting additional information surrounding your departure from your previous employer. What was the reason, and did you leave on good terms?
What are my options?
What are the Documents need?

Were you in status/getting paid from 30-Sep till 20-Oct? If not then its highly unlikely that the transfer would be approved with a new I-94. As for reasons, only you know it, tell whatever was the truth.

This is my opinion not legal advice.

[Harish Dawke]

RFE on Premium Processing

Were you in status/getting paid from 30-Sep till 20-Oct? If not then its highly unlikely that the transfer would be approved with a new I-94. As for reasons, only you know it, tell whatever was the truth.

This is my opinion not legal advice.

@ thanks for quick reply
If i manage to run my payroll from september 30th to 20 oct that will work. ( i confident i can get it)

and if i get a letter from old employer stating that due to lack of projects they dont need any other engineer they laid me off or due to job satifaction and not able utilize my skills and experience in my present job i left the job.

regarding good terms i can get a letter from them. If i manage to run my payroll from september 30th to 20 oct that will work.

it is too risky for me

what are my options

[raghvi]

Did they provide you with a return ticket while asking you to leave? It seems USCIS is more probing nowadays then they were few years back. They may be wanting to know if the employer provided wrong info, and also whether you are maintaining valid status. You should still be on payroll and get paid even if employer does not have work for you.

Your attorney has to word the response to RFE carefully.

This is my opinion not legal advice.

[Harish Dawke]

Thanks raghvi

Did they provide you with a return ticket while asking you to leave? It seems USCIS is more probing nowadays then they were few years back. They may be wanting to know if the employer provided wrong info, and also whether you are maintaining valid status. You should still be on payroll and get paid even if employer does not have work for you.

Your attorney has to word the response to RFE carefully.

This is my opinion not legal advice.

Thanks @raghvi for you suggestion. Actually they laid off on August 25th 2014 and my previous employer provided money for Air tickets to INDIA. Since i don't have any job at time.
I used that money to run my payroll for September 2014 so that in those i can find a good employer and apply for H1 Transfer. Unfortunately i cleared the interview on September 18th and got a job offer on 30th of September 2014. As soon i got the offer i told my new employer to apply for H1 transfer as soon as possible. USCIS received my petition on Oct 20th for H1B transfer.

What i can do right now?
writing a letter to USCIS stating that i am in good terms with my previous employer.
Reason for leaving the job they don't have any design projects anymore and they don't need 1 more engineer. As soon as i get know about this i started looking for new job opportunity.

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Did they provide you with a return ticket while asking you to leave? It seems USCIS is more probing nowadays then they were few years back. They may be wanting to know if the employer provided wrong info, and also whether you are maintaining valid status. You should still be on payroll and get paid even if employer does not have work for you.

Your attorney has to word the response to RFE carefully.

This is my opinion not legal advice.

Thanks @raghvi for you suggestion. Actually they laid off on August 25th 2014 and my previous employer provided money for Air tickets to INDIA. Since i don't have any job at time.
I used that money to run my payroll for September 2014 so that in those i can find a good employer and apply for H1 Transfer. Unfortunately i cleared the interview on September 18th and got a job offer on 30th of September 2014. As soon i got the offer i told my new employer to apply for H1 transfer as soon as possible. USCIS received my petition on Oct 20th for H1B transfer.

What i can do right now?
writing a letter to USCIS stating that i am in good terms with my previous employer.
Reason for leaving the job they don't have any design projects anymore and they don't need 1 more engineer. As soon as i get know about this i started looking for new job opportunity.

[raghvi]

Well Aug 25th to Oct 20th is nearly two Months. I think USCIS did get a whiff of this hence the RFE. I would advise talking to a good attorney to draft a suitable response as per RFE requirements.

This is my opinion not legal advice.