My I94 and visa expired on 5/15/20 with company A. They filed for extn on 5/7/20. However before this I found another job(EVC model) with Company B, and they applied transfer in Feb’20 which got approved in July’20 from 4/6/20 to 4/5/21. The client withdrew the offer due to Covid and I never joined them B.
Now I received RFE for Company A extension, and meanwhile I found another job with company C(again EVC model). They filed my transfer on 9/9/20 and I joined them on receipt notice on 9/14. Company A withdrew my pending extension petition on 10/29 and I received RFE on C’s transfer Yesterday(11/2) stating beneficiary’s status should not expire before filing for petition and since the extension was withdrawn on 10/29 and the stay beyond 5/15 was never approved, the beneficiary may not have maintained his non-immigrant status. They’ve asked for pay stubs and joining formality docs of B, but I never joined them.
- Am I out of status since 5/15, even though transfer to company C was filed when A’s extn was in progress? Does A’s extn withdrawal makes any difference after C’s transfer was filed?
- Do we have to explicitly mention in RFE response that there was bridge petition(A’s extn)? Was it not implicitly explained?
- Can USCIS deny my transfer only based on this?
- In RFE response should we ask for CP? If yes, how does it work since US consulates are closed worldwide?
Appreciate if someone could help with this.