I tried to change employer and filed a transfer. Unfortunately got an RFE asking for proof of maintaining status. New employer attorney gave me these options.
we respond acknowledging that the beneficiary does not have the required pay stubs as requested, as an amendment was not timely filed due to unforeseen circumstances faced by the beneficiary due to covid-19, and the circumstances were out of his control. Thus, the Petitioner on behalf of the Beneficiary requests that USCIS grant the extension requested herein nunc pro tunc.
2. we respond to the RFE requesting for this case to be approved as a consular processing case. This would mean that he would need to depart the U.S. to obtain a H1B visa stamp at a consulate to enter the U.S. in H1B status to work for concerto card.
3. we withdraw this case/RFE and Kalyan returns to his prior employer and awaits adjudication of the pending amendment case.
Please note, if the case is denied, we may have issues related to maintenance of status. Per discussion, please let us know how you would like to proceed.
I am thinking to go for options 3 and wait for result of my pending amendment case. I thought this is safe one at this point, Not sure if this is the right option.