H1B Transfer RFE (maintenance of status), what can I do?

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I have worked for company A under H1B. I moved to another state and "work from home" from February, but none of me and company A notice that we need amendment or refile a new H1B because my working address was changed. In September, I got a new job offer -- company B filed an H1B transfer COS (change of status), but we got RFE because of "maintenance of status", they are asking that my H1B work location doesn’t match the address on my paystubs.
I have several options now:
Q1. Ask company A to submit H1B amendment (may with nunc pro tunc)?
Q2. Ask company B to response to RFE to defend my situation (through no fault of his or her own or for technical reasons)?
Q3. Ask company B to response RFE and request USCIS adjudicate company B's H1B petition as a Consular Notify.
Q3.1 If I am going to a consular process, will out of status from February to October a reason for rejection of the visa stamp?
Q3.2 Do I need to bring this topic up by myself (in case they didn't ask) while interviewing in consular?
Q4. Additional option: My wife has H1B and approved I-140, should I apply for H4 with EAD as well, in case of H1B denial, I'll still have a backup plan. Will this help?

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  • 7 months later...

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