Urgent help needed regarding RFE on H1B transfer filing

[farabi]

Hello,

I have received the following RFE (H1 Transfer filing) saying-

"It appears that the beneficiary previously obtained HIB status on October 1,2014, pursuant to a petition filed on his/her behalf by ABC. Therefore, you must demonstrate that the beneficiary has maintained the Hl B nonimmigrant status afforded to him/her on that date until March 12, 2015, the date the present petition was filed."

In this regard, the law firm is saying - "This amendment would mean that once we respond to the Request for Evidence and receive the H-1B approval notice, you will have to take the approval along with your currently valid visa, and travel abroad and re-enter the U.S. "

I have received Fedex deliver confirmation on -- March 3,2015

Redesign after that date and last day with that company was -- March 8,2015

Filing receipt date shown by USCIS is -- March 12,2015

Joined current company -- March 23, 2015

Means I have to travel abroad for only these 4 days conflict?

Please please advice what would be best to do to avoid traveling abroad to get EOS (Extension of stay) stamped.


Thanks in advance for your suggestion...

[raghvi]

Hello,

I have received the following RFE (H1 Transfer filing) saying-

"It appears that the beneficiary previously obtained HIB status on October 1,2014, pursuant to a petition filed on his/her behalf by ABC. Therefore, you must demonstrate that the beneficiary has maintained the Hl B nonimmigrant status afforded to him/her on that date until March 12, 2015, the date the present petition was filed."

In this regard, the law firm is saying - "This amendment would mean that once we respond to the Request for Evidence and receive the H-1B approval notice, you will have to take the approval along with your currently valid visa, and travel abroad and re-enter the U.S. "

I have received Fedex deliver confirmation on -- March 3,2015

Redesign after that date and last day with that company was -- March 8,2015

Filing receipt date shown by USCIS is -- March 12,2015

Joined current company -- March 23, 2015

Means I have to travel abroad for only these 4 days conflict?

Please please advice what would be best to do to avoid traveling abroad to get EOS (Extension of stay) stamped.


Thanks in advance for your suggestion...

It was a mistake to join new employer without awaiting the approval. Normally it would have been fine with a few days of out of status period, but USCIS sometimes would only approve a consular process petition in which case you would have to travel outside US. It depends upon the officer.

This is my opinion not legal advice.

[farabi]

It was a mistake to join new employer without awaiting the approval. Normally it would have been fine with a few days of out of status period, but USCIS sometimes would only approve a consular process petition in which case you would have to travel outside US. It depends upon the officer.

This is my opinion not legal advice.

Thanks for your kind reply. What is the possibility of getting approval on EOS in a consular office for this kind of cases. FYI, I have also my wife with me as a H4 dependent. Would appreciate your kind advice. Thanks.

[raghvi]

Thanks for your kind reply. What is the possibility of getting approval on EOS in a consular office for this kind of cases. FYI, I have also my wife with me as a H4 dependent. Would appreciate your kind advice. Thanks.

What one gets at the consulate office is a new visa. Possibility of getting it approved would depend upon the strength of the documentation with respect to the new employer, number of employees, number of layers etc.

This is my opinion not legal advice.