NEW H1B FILING - END CLIENT CHANGED DURING RFE

[documentedman]

Hi,

 

I was an employee of Employer-E and worked as a consultant for Client-A in State-X in April, 2019 and filed for H1B.

 

My H1B has been denied in Sept 2019 for not providing SOW. 

 

In Oct 2019, raised MTR with Client-A SOW.

 

In June 2020, left USA as I didn't have work authorization to continue.

 

There was no update on MTR for about an year due to slow processing and COVID.

 

In Sept 2020, received RFE asking whether work site is valid location and project still exist, please see exact wording below.

 

"Furthermore, in your response to the RFE, you provided a statement of work (SOW) between the end-client, Client-A and a mid-vendor. The evidence on record shows that the employment ended in January  2020. Moreover, USCIS records show that the beneficiary departed in June  2020. As such, USCIS is unable to ascertain whether the work location certified on the LCA is still a valid work location. As USCIS cannot back date an approval on a CAP case, the record shows that the employment sought has ended and USCIS will deny this petition, unless you can establish that the work and work location certified on the LCA is still valid."

 

At the moment, I have a job opportunity with Client-B in State-Y and willing to provide SOW

 

How can respond to this RFE without any documentation from Client-A ?

Can we provide SOW from Client-B for approval?

What are the chances of approval?

 

 

Thanks

Edited September 30, 2020 by documentedman

[Zodiac System]

Your employer/attorney  should be able to provide all documentation (Client letter + SOW of client B + connecting MSA between Employer E and client B and reply to the RFE).  Good Luck

[gopalakrishnach]

Client-B SOW you cannot use for Client-A.

If you lost Client-A, better to revoke RFE and apply new H1B petition for Client-B SOW