STEM OPT - CLIENT ADDRESS IN H1B LCA


chaimark

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Hi,

I am on STEM OPT and my H1B LCA is filed only with client location in it. It does not have my company's base location in the LCA. I got picked in lottery and received RFE for Employee-employer relationship and Specialty Occupation.

Now, due to the new STEM OPT rule, I cannot work for 3rd party sites and hence worried if I should continue with supporting documentation for RFE based on my client location or withdraw my petition.

I am currently working in my employee's base location after the new STEM OPT rule came into effect but worried if the officer reviewing my RFE would consider me as working on client location and mark me out of status based on LCA which has only client address , client letter that describes my job responsibilities and expert opinion letter on my skill set and specialty occupation. I do not have any evidence to show that I am working from my employers base location

 

This issue came up as my LCA was filed in march and the new STEM OPT rule restricting work on 3rd party sites was issued in April last week. Due to this , I cannot amend my LCA as my H1B petition is not yet approved.

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