RFE on I-539 (H4 petition)

[nana135]

Hello,

 

My dependents were out of status for 4 days while I moved from L visa to H and then I filed I-539 for them. After 1 month I changed my job, my new employer filed H-1B transfer and I got new I-797. Now I got RFE for H-4 asking for three proofs.

 

1. USCIS is unclear which I-797 I am currently working on 

2. Employement status letter from my current employer

3. Atleast three pay slips prior to filing I-539.

 

I can provide all these proofs, but my question is what is the best approach now. if USCIS delays processing RFE then my dependents might hit the 180 mark of out of status.

Kindly recommend if they should travel immediately back to India  or should wait for RFE response.

 

Thanks