RFE due to non availability of LCA amendment approval notice

USA H1B Visa
1

My H1B transfer initiated from Employer A to Employer B but H1B case status moved to RFE with following documents requested.

  1. Pay Slips of past few months and W2 form.

  2. Pending Prior Petition: According to the USCIS’ records, the Beneficiary’s previous employer, A, also recently submitted an H-1B petition (XXX). Please confirm if this petition filing was an H-1B Amendment petition. Alternatively, if you can provide a copy of full petition filed with the USCIS for this petition (XXX), we can confirm if this petition is in fact an H-1B Amendment petition.

I am sure that my previous employer A had filed H1B amendment and I have H-1B Mandated LCA Posting document. But my previous employer not shared with me any receipt number or approval notice of LCA amendment. Hence I’m able to prove that petition number XXX (shared by uscis is H-1B amendment). I can also see petition XXX already approved before H1B transfer initiated.

I don’t have pay slips of last last 1 months.

My previous employer A not responding to me and not ready to share any documents.

Please help me to prepare RFE response.

I have plan to travel to India. Will RFE create any immigration issue while entering USA (I will have valid I-94 at that time).

Thanks.

2

  1. If you didn’t get paid from A for this month, then you should ask A for the back wages. They are legally required to provide you that. If not, you can complain to DOL but first try to work out w/ A

  2. You can say that A is no longer in contact with you and are not willing to share the document with you. I am actually surprised with this part of RFE as USCIS should be able to get all the information from their own system using the receipt number.

When did you leave A? When did you start working for B? When did you change locations while working for A?