Change in client when H1-B is picked and in process.

[varun reddy]

Hi my H1-B got picked and is in process with no rfe yet. As my project with my present client is over(which my LCA is filed) and I had to move to a new client. If I get an rfe now to prove employer and employee relationship is there a way to answer this rfe as I can't file a new LCA on my present client.

 

My employer says that if I get an rfe there is no way to support the petition as I changed my client. He has to withdraw the petition. Is this true? or is there any way to answer this rfe?

 

[JoeF]

Essentially, the H1 is gone. The project has to exist until the H1 kicks in on Oct. 1 for the H1 to be valid.

[xTDx]

What is your current status ? As JoeF@ said , your H1b will be gone and you would have to rely upon underlying status which I assume is F1/OPT and then try again with a new employer next year or move to cap exempt employer. If this happens, you should consult a qualified immigration attorney for your options.