Client and Location Change when H1B amendment is pending with RFE


pm001

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Hi,

 

My H1B Amendment and Extension was filed for client A and we received RFE.

 

Now my project with client A has ended and I got new project for different client B at different location for same employer. 

 

Can someone suggest, How to handle this situation?  My employer is planning to respond the RFE with LCA of new location, Client Letter of new client and SOW etc of new client B. Is this the right way? New client LCA start date is prior to H1B filing and valid for next 2 year, New client SOW has start date prior to h1b filing date and valid for next 1 year. 

 

When I can start working for Client B? can I start working on client B immediately or after we respond the RFE or only after final decision from USCIS?

 

Please advice.

 

Thanks

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  • 2 weeks later...

Your employer might want to instead respond to the RFE asking for a shortened end date from what was originally requested and file another H1B Amendment with the new LCA for the new location. Technically an amendment can only be filed on an approved petition. The risk of responding to the RFE with the new LCA instead of filing another petition is that USCIS denies the amendment because the job offer the employer wants the approval for is not the job that the petition was filed for. It would probably be better to get the amendment for client b filed before responding to the RFE.

 

If USCIS makes a final decision to deny the amendment it will probably be with a finding that you are present in violation of status, in which case you will have to leave the USA.

 

You might want to talk this strategy over with an attorney before making a final decision on whether or not to use it.

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