RFE for probable H1b out of status

[Roony]

Hi there, I am in a situation where my last approved H1b had Alpharetta GA as location. The amendment was done during full covid situation, 2020 Feb. I could not move to Alpharetta and kept paying taxes to my home state. In the RFE it’s mentioned the same and asked for explanations when and how the location violation took place. What are my options. 

[Attorney_15]

Generally, in a situation such as this, one option is to leave the US, have the petitioner request the change to Consular Processing and come back with the approval; or one can make an argument to USCIS under the nunc pro tunc regulation as to why the change in location did not happen in all the time that has passed. If USCIS approves it they issue the I-94 Card and one can remain in the US, but if USCIS denies it one becomes unlawfully present immediately on the denial being issued and one must leave the US or risk becoming subject to the 3 year or 10 year bars to admission.