Employer refuse to respond for RFE and my wife delivery due by next week

[sithiquehasan]

1.     09/24/2012 - Joined current employer after H1 transfer approved (H1 I197 and I94 valid till Sep 2013)

2.     07/02/2013 - H1 Extension filed by current employer

3.     Case status was in 'Initial Review' for long time, As my wife is due on Feb end, Request current employer to change my case to Premium Process, so that i will get enough time to plan accordingly in case of rejection

4.     12/14/2013 - Case Converted to Premium Processing

5.     12/19/2013 – Received a RFE

6.     12/30/2013 - Immigraton team team requested for Client letter and manager letter

7.     01/03/2014 - Submitted the document to Immigraton team and additional request from Immigraton team for May and June paystubs and submitted the same

8.     01/29/2014 – Immigraton team informed that they responsed for RFE for my case

9.     No Change in status in USCIS – keep tracking and was never updated

10.  02/10/2014 – Immigraton team team informed that My case is still pending and not responded and reason for RFE is ‘CAP filing revoked with previous employer’

11.  02/14/2014 – Immigraton team scheduled a call and informed my case cannot be responded and asked me to move out of USA before March 13th and the case will become void later and I can file a new petition and come back to US

 

 

My Concerns

 

We are expecting our 3rd kid and my wife is due on Feb 21st and she cannot travel at this moment

After My wife delivery, my baby (new born) need a SSN, Birth Certificate, Passport and PIO card to travel back to India and will take at least 2 months for all those to get processed

My Wife scheduled for a C – section (caesarian) on Feb 21st and she will be need some time to recover 

Under all this circumstances I may not leave them here on their own and leave to India on March 1st week as suggested by Immigraton team team

Please advise me how to proceed with this and also have the following question

In this situation I cannot travel with my family

Please treat this as a severity case and advice me what to do next

[jairichi]

 

1.     09/24/2012 - Joined current employer after H1 transfer approved (H1 I197 and I94 valid till Sep 2013)

2.     07/02/2013 - H1 Extension filed by current employer

3.     Case status was in 'Initial Review' for long time, As my wife is due on Feb end, Request current employer to change my case to Premium Process, so that i will get enough time to plan accordingly in case of rejection

4.     12/14/2013 - Case Converted to Premium Processing

5.     12/19/2013 – Received a RFE

6.     12/30/2013 - Immigraton team team requested for Client letter and manager letter

7.     01/03/2014 - Submitted the document to Immigraton team and additional request from Immigraton team for May and June paystubs and submitted the same

8.     01/29/2014 – Immigraton team informed that they responsed for RFE for my case

9.     No Change in status in USCIS – keep tracking and was never updated

10.  02/10/2014 – Immigraton team team informed that My case is still pending and not responded and reason for RFE is ‘CAP filing revoked with previous employer’

11.  02/14/2014 – Immigraton team scheduled a call and informed my case cannot be responded and asked me to move out of USA before March 13th and the case will become void later and I can file a new petition and come back to US

 

 

My Concerns

 

We are expecting our 3rd kid and my wife is due on Feb 21st and she cannot travel at this moment

After My wife delivery, my baby (new born) need a SSN, Birth Certificate, Passport and PIO card to travel back to India and will take at least 2 months for all those to get processed

My Wife scheduled for a C – section (caesarian) on Feb 21st and she will be need some time to recover 

Under all this circumstances I may not leave them here on their own and leave to India on March 1st week as suggested by Immigraton team team

Please advise me how to proceed with this and also have the following question

In this situation I cannot travel with my family

Please treat this as a severity case and advice me what to do next

 

Talk to an immigration attorney immediately rather than looking for options in a forum.