RFE on approved H1B after administrative site visit


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Last Saturday, I got an RFE on my already approved H1b. It says when the site inspector visited my office at client site 1 year before, I was working from home. Now in RFE says that my employer should have run the LCA as work from home office. How can we tackle this situation? Now a days I'm working from home but my work location is still my client's office. It was just between my manager and me. I can work from home just because my manager allowed me to work from home. The RFE I got is asking for lot of documents and says if we do not respond in 33 days (but I got it only 13 days after it was issued) they will revoke my H1B.

 

What are my safe options here?

 

1) Can I change employer, if the approved H1B is on RFE (during its RFE or RFE response review stage)?

 

2) What will happen to my status if the RFE is denied and another H1B is in process? I mean, the new H1B is in the review stage)

 

3) Can I change employer after the RFE is denied? (if it is denied) 

 

Kindly reply asap

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1) Can I change employer, if the approved H1B is on RFE (during its RFE or RFE response review stage)?
 
2) What will happen to my status if the RFE is denied and another H1B is in process? I mean, the new H1B is in the review stage)
 
3) Can I change employer after the RFE is denied? (if it is denied) 

 

1. Yes

2. Nothing, if your H1 is under process then you are safe

3. Yes, but its better to do it before denial.

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Last Saturday, I got an RFE on my already approved H1b. It says when the site inspector visited my office at client site 1 year before, I was working from home. Now in RFE says that my employer should have run the LCA as work from home office. How can we tackle this situation? Now a days I'm working from home but my work location is still my client's office. It was just between my manager and me. I can work from home just because my manager allowed me to work from home. The RFE I got is asking for lot of documents and says if we do not respond in 33 days (but I got it only 13 days after it was issued) they will revoke my H1B.
 
What are my safe options here?
 
1) Can I change employer, if the approved H1B is on RFE (during its RFE or RFE response review stage)?
 
2) What will happen to my status if the RFE is denied and another H1B is in process? I mean, the new H1B is in the review stage)
 
3) Can I change employer after the RFE is denied? (if it is denied) 
 
Kindly reply asap

 

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  • 3 weeks later...

 

 
Last Saturday, I got an RFE on my already approved H1b. It says when the site inspector visited my office at client site 1 year before, I was working from home. Now in RFE says that my employer should have run the LCA as work from home office. How can we tackle this situation? Now a days I'm working from home but my work location is still my client's office. It was just between my manager and me. I can work from home just because my manager allowed me to work from home. The RFE I got is asking for lot of documents and says if we do not respond in 33 days (but I got it only 13 days after it was issued) they will revoke my H1B.
 
What are my safe options here?
 
1) Can I change employer, if the approved H1B is on RFE (during its RFE or RFE response review stage)?
 
2) What will happen to my status if the RFE is denied and another H1B is in process? I mean, the new H1B is in the review stage)
 
3) Can I change employer after the RFE is denied? (if it is denied) 
 
Kindly reply asap

 

I am sorry to hear that. I hope you have moved to another employer or something to maintain your status.

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  • 3 years later...

Hi,

I am also in a similar situation. I was working from home since my employer moved to a different location . My home is just 2 miles away from the location specified in the petition. I got a NOIR after site visit. My attorney responded saying that the MSA didn't change and my new work location(home) is just 2 miles away and hence didn't file amendment.Do you think it is a valid reason to not file amendment?

What happened to the above case?Was the NOIR approved?

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