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sri charan

New H1B application in progress, currently waiting for RFE or direct decision, lost job. Is it legal to respond to RFE in case it is issued to my application

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New H1B application is in progress through my employer. I am going through another vendor to an end client. submitted as much documentation as possible along with all client, vendor and employer letters and SOWs.  Currently waiting for RFE or direct decision but unfortunately lost the job at the current end client. I am currently in CPT status. I will mostly find a different job by end of this month through the same employer. Is it legal for my employer to still respond to a possible RFE in case it is issued on my H1B application asking for end to end employer to client relationships documents, even if you are no longer associated with the same client and location on which the LCA was filed. If a site visit was to happen after my employer responds back to the RFE with whatever we are able to provide, and they find that I am no longer associated with the client in question, what will be the impact of it on the H1B application and will that effect my CPT and F1 as well citing the legality of responding to the RFE inspite of not being present in the same job.

Edited by sri charan

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First, CPT is a big red flag. That alone would probably result in a denial.

Second, submitting documents that no longer apply is immigration fraud.

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New H1B application is for future work not for current work. Even if the current application is approved, you can only work for current employer and client mentioned in the h1b petition on Oct 1st. 

It is illegal for employer to respond to RFE with completed project details. However, if you receive approval for current petition without RFE , you can try your luck by attempting to initiate a transfer to a new employer. Chances of approval is low since it is totally under discretion of the USCIS officer. 


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