I was H-4 pending when I submitted the H-1B. Then USCIS send me a RFE which says: "... Service records do not show that this I-539(H-4) was approved. ... Submit additional evidence that shows the beneficiary had been maintaining a valid nonimmigrant status from xx/xx/xxxx (H-4 submission date) to xx/xx/xxxx, the date of filing this (H-1B) petition..."
As we know, we are in a valid status when we have a case pending. So why the hell the USCIS still ask this question? Rather than arguing with them, my attorney suggests that I withdraw this petition and resubmit after my H-4 gets approved. The reason is that these idiots may still deny my H-1B and leave a bad record on me.
Do you think that's a good suggestion? Should we fight? You guys have similar experience?