RFE on H1 B Transfer


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Hi, I quit from my previous employer and my last working day (LWD) was on 08 Sep 2015. However I served a severance period of 1week i.e till 15 Sep 2015. I have payslip till 15 Sep 2015 and the employer also informed USCIS that my LWD was 15 Sep 2015.
My new employer filed my I129 with USCIS for H1B transfer on 28 Sep 2015 in premium. Today I received a RFE from the USCIS which states "I'm not in status for 13 days, since my previous employment ended on 15 Sep 2015 and the new employer filed on 28 Sep 2015."
USCIS is expecting an evidence for the delay in filing the H1B visa transfer. Please help me how to handle the current situation ?

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A severance package is not maintaining H1B status. And USCIS has picked up on people trying to make it look like they are in status. RFEs now more commonly ask for a resignation or termination letter or other evidence of the last day of work.


If you want to try and salvage an approval with an I-94 Card that the employer needs to be up-front and honest with USCIS and ask for them to use their discretion favorably to approve with the I-94 Card.

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