H1b amendment RFE


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Hello friends – Need some advice please.

I moved to a new location and my employer filed for an H1B amendment. USCIS sent an RFE stating more evidence is required to prove a valid employee-employer relationship was maintained while I was at the client location. The evidence is in the form of paystubs, performance review, deliverables with my name etc. Again all of these documents are available to satisfy the RFE. The situation is I have a gotten a new job offer where H1 transfer will be required. Coincidentally, both these events (RFE and new job) took place in the same week. I have not resigned from my old employer yet and thinking through my options. I have framed the questions assuming I am switching to the new employer -

My questions are –

  1. Does my old employer still have to respond to the RFE if H1 amendment is no longer required?
  2. Does my new employer have to respond to the RFE while performing the H1 transfer?
  3. If “No” to Q2 then, is there any adverse impact on H1 transfer due to prior RFE? (Point here is once I switch to a new employer, it would not be easy to get hold of all the documents requested in the RFE.)
  4. I don’t have much time to decide upon the new offer. I would take the offer for sure however this RFE thing has made me think about the potential consequences on my overall H1b status. What should I do?

Please advise. Your help is greatly appreciated. Thanks. M

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