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sai durga

First Time H1B - Change of clent after CAP selection and got RFE

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Hi first of all Thank you very much for providing guidance and suggestions. Im in very critical situation and any inputs will help me.

Im with Client A on OPT Status and filed H1B (first time) got selected in CAP, suddenly, my project with Client A ended and I switched to Client B.

Now I got RFE asking

1) continuous PO and client letter with my Client A (Which I can't get now)

2) Educational Evaluation details.

3) Being on OPT you should work on Employers location why are you working on Client location


Please find the notes from My employers attorney. Any help or suggestions will be really grateful to me. Thankyou verymuch in Advance.

This RFE has several issues; one of which is the employer-employee
relationship/Right to Control and services at a third party location.
With this RFE, we will definitely need client information as the PO
and client letter submitted has an end date of June 2018.  If you
recall, this is a cap petition with a start date of 10/01/2018.  As
such, documents were submitted from the client that says the project
will end prior to the beginning of the requested period in the H-1B
petition.  Since this is a direct client, we will the need MSA between
employer and client, updated PO between employer and client and updated
end client letter.  These information must have the validity date as
this is being questioned for this particular issue.

This RFE has other issues, such as the wage level, specialty

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The H1 can't get approved if the project with client A doesn't exist anymore. Part of the H1 requirements is that the project listed in the petition has to exist when the H1 starts.

And nowadays, you can't work at a client site on OPT. That's a recent OPT change.

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