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Vishal_S

H1B RFE - Changed work location - Amended Petition Filed Late

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Hi

I got a RFE. 

I started working at new location(not really moved, travel 4 days) from Mar 19th. My amendment petition was filed/received by USCIS on Apr 4th 2018. 

RFE says that it appears that beneficiary has not maintained status as the client letter states that the anticipated work date is from Mar 19th, but the amendment is filed only on Apr 4th. It does not comply with the terms and conditions of employment. 

Does it mean that the status was not maintained for the above period ? please clarify.

What are my options now ? Please suggest.

1. Can we say that this started as short term placement(allows new work location up to 30 days) and eventually turned out to be a long term one and that we filed the amendment on Apr 4th.

2. Can I move to a new employer and file a new petition ? Would this approval be affected by the fact that in-process(current employer's) petition had RFE. What would happen to the in-process(current employer's) petition , once I file a new petition through new employer? Does it become VOID? 

Thank you for your time/response.

 

 

 

 

 

 

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