RFE for H1 transfer

[dkm1368]

Hi,

I received RFE from USCIS for my H1 Transfer petition filed by my new Employer. They asked to provide explanation for the 47 days extension of my H1 expiration actual date my new employer requested as part of petition. My 6 Year actual expiration date is September 30^th 2015. My new employer requested to extend it till November 15^th 2015 based on the 47 vacation days I was out of U.S in H1 status with my old employer. Following are the details of my period of stay outside U.S:

--> Total number of days outside U.S during my H1 Period till now is: 47 Days.

I would appreciate if someone can answer my following concerns;

1. Is it valid to ask for extension like this for the paid vacation spent outside U.S.A during H1?

2. If it is valid, what all proofs I can submit to USCIS, if not what approach should I take to answer this RFE?

3. I started working for my new employer as soon as I received I797 notice for new H1 transfer petition. If my old employer revoke my existing H1 before a decision is made for this RFE, will I go out of status?

Thanks,

Kumar.

[wiweq]

1. Is it valid to ask for extension like this for the paid vacation spent outside U.S.A during H1?

=> Your H1b days count, only if you are physically present in USA.

2. If it is valid, what all proofs I can submit to USCIS, if not what approach should I take to answer this RFE?

=> Flight e-tickets, immigration in-out stamps on your passport.

3. I started working for my new employer as soon as I received I797 notice for new H1 transfer petition. If my old employer revoke my existing H1 before a decision is made for this RFE, will I go out of status?

=> Your out of status days will start after the day you get denial.