Request for Additional Evidence Notice Was Mailed - H1B transfer premium processing

[Manz]

I see that you withdrew your case. What are next steps?

On May 28, 2015, we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1516051473, because we need more information from you. Your notice explains what we need from you to resume working on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice.

Reason for RFE : I have filed the H1B transfer from company A to B . USCIS has received my case on 14th May 2015 for company B and sent receipt on 15th May 2015 But I was outside the US between 12th May to 15th May 2015 . After coming back to US I have resigned company A and joined company B based on receipt notice . Now USCIS is asking the reason , candidate was outside the US when his case was received and receipt notice sent . They are asking evidence in this case . Please help me on this matter . Please let me know if you required further information .

Hello Ashwini Kumar,
I have been following your case from last couple of months. I see that you withdrew your case.
I am in same situation, Please let me know if you have filed a petition with same employer again(Employer you previously filed with recently moved current job and withdrew) or applied with Other employer with a completely different new job?

Thanks,
Manz

[shervin143]

If they withdraw the petition, then you working for them and getting paid becomes illegal. I suggest you consult a good immigration attorney.

[Ashwini Kumar Singh]

You are not supposed to travel when a transfer or extension is in progress. If you are outside the country when the transfer / extension is pending, then the H1B (if approved) will come without a new I-94. If you left the country for an emergency, then ask your lawyer to respond back to the RFE stating the same. In cases like your's, it is not advisable to join the new employer until the H1B actually gets approved. If H1B transfer gets denied, you will not be able to work for the new employer and you will have to leave the country. If the H1B gets approved without a new I-94, then you will have to leave the country and re-enter with the new employer's petition and a valid H1B visa (can use the existing valid H1B visa - if you have one in your passport) to receive a new I-94 at the POE to begin working for the new employer.

Thanks for your reply , I am currently in US and already joined the company B . They are planning to withdraw previous application and applying fresh . Let me know if it

is fine with current situation . Thanks again .

[shervin143]

You are not supposed to travel when a transfer or extension is in progress. If you are outside the country when the transfer / extension is pending, then the H1B (if approved) will come without a new I-94. If you left the country for an emergency, then ask your lawyer to respond back to the RFE stating the same. In cases like your's, it is not advisable to join the new employer until the H1B actually gets approved. If H1B transfer gets denied, you will not be able to work for the new employer and you will have to leave the country. If the H1B gets approved without a new I-94, then you will have to leave the country and re-enter with the new employer's petition and a valid H1B visa (can use the existing valid H1B visa - if you have one in your passport) to receive a new I-94 at the POE to begin working for the new employer.

[kendallguy500]

Explain them the intention of travel was personal and emergency. Submit evidence relating to it if you have.
Submit all the passport copies as well. Thats all I could think of.

Also please don't share your receipt number. It is something personal and should be handled with confidentiality.

[Ashwini Kumar Singh]

On May 28, 2015, we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1516051473, because we need more information from you. Your notice explains what we need from you to resume working on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice.

Reason for RFE : I have filed the H1B transfer from company A to B . USCIS has received my case on 14th May 2015 for company B and sent receipt on 15th May 2015 But I was outside the US between 12th May to 15th May 2015 . After coming back to US I have resigned company A and joined company B based on receipt notice . Now USCIS is asking the reason , candidate was outside the US when his case was received and receipt notice sent . They are asking evidence in this case . Please help me on this matter . Please let me know if you required further information .

Below is the exact wording of RFE I have received from USCIS . Please guide for same .
Extension of Status Request

To be eligible for an extension of nonimmigrant status, the beneficiary must be present in the United States on the date that the petition was filed. According to electronic records, the beneficiary departed the United States on May 12,2015, and returned on May 15, 2015. Therefore, it appears that the beneficiary was outside of the United States on the May 14,2015, the date the instant petition was filed. If the beneficiary was present in the United States on May 14, 2015, submit evidence that demonstrates his presence.

[Ashwini Kumar Singh]

On May 28, 2015, we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1516051473, because we need more information from you. Your notice explains what we need from you to resume working on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice.

Reason for RFE : I have filed the H1B transfer from company A to B . USCIS has received my case on 14th May 2015 for company B and sent receipt on 15th May 2015 But I was outside the US between 12th May to 15th May 2015 . After coming back to US I have resigned company A and joined company B based on receipt notice . Now USCIS is asking the reason , candidate was outside the US when his case was received and receipt notice sent . They are asking evidence in this case . Please help me on this matter . Please let me know if you required further information .