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H1b transfer beneficiary not in the US - RFE

I had an H1B transfer in normal processing in March 2021. I had a ticket booked with my family to travel outside the US on Dec 4 2020 but cancelled only my travel at the last minute. Family travelled. It looks like the Dec 4 2020 now shows as an exit date on my travel history though I can see an active I-94 that shows my correct last entry date in 2019. We got an RFE that h1b extension of status is requested but the beneficiary was not in the US at the time of filing.

Attorney has asked me to work with the I-94 office in NYC and get travel history corrected. I-94 office said that they only have read access like we all do and the only time they can add an entry is when I re-enter again as an international traveller. They say that travel history is not a legal document to support anything and there are situations they are incorrect. They suggested opening a FOIA to DHS in Washington DC to get it corrected but it can take 6-9 months.

My current H1B is valid till Nov 2022. My stamped visa also valid till Nov 2022.

What are my options now ? Can I ask the attorney to just ask for the change of employer and not ask for the extension of status ? My current I-94 will be good till Nov 2022 and before that I can re enter and get a new I-94 to match the new petition date. Please suggest.

submitted by /u/innovativetrader
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