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H1B New ammendment due to worksite changes

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The case details are as follows:


1.H1B approved in 2013, and started working in new worksite from March 2014, In july employer got an Intent to revoke from USCIS requesting for more evidences. Lawyer responded back to USCIS and submitted the documents.

2.Again had a worksite change in November.

3.In end of March employer mistakenly informed us that our petition was revoked and asked us to file a COS from h1 to h4. Which is pending approval.

4.However employer did an amendment with new I-129 application on Apr 1st in premium and USCIS revoked the old petition.

5.Employer missed to send the end client contract document and received an RFE for the same.




1. Since the old petition was revoked after the filing of amendment, Is it legal to continue to work? because the new I129 receipt petition receipt says "This Petition doesn't grant any immigration status or benefit". USCIS has given time till July to respond with the documents.


2.Also since we applied for COS from h1 to h4 which might probably take 2 and half months, if we withdraw our I539 application would it be considered as out of status? Also USCIS has mentioned in RFE about the request for COS by the employee and thinks employer doesn't have control over the employee.


3.now I have two employers who are offering me a job and willing it do a h1b transfer using my old I797, should I go with them.


Please reply with your suggestions.

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