H1B RFE Urgent:Submit Proof of previous H1B Amendments

[piscean5]

Hi All,

I recently filed for my H1B Extension (2nd extension). I received an RFE asking among other things for my employer to "submit evidence that you have filed an amended petition for change in work locations as well as evidence that you received a certified LCA for these work locations. This should include project 1, project 2 and project 3. ....."

I was unaware of this law and my employer never filed for amendments so we dont have any proof to submit.

My questions (s)

• What should be the approach here? What are the chances for any explanation to get accepted?
  
• Can I try to file for new H1B through a different employer? Are there any concerns in doing so?
  
• Would my existing application get cancelled/withdrawn if I file a new HIB application.
  

From what I have heard there is very little chance of any explanation flying with USCIS and it is most probably going to be a denial.

Any help would be highly appreciated. If anybody can share similar experiences, it will help.

Thanks

Singh

[shandan]

Like they say ignorance is NOT bliss in cases with USCIS, so you cannot say I was not aware or the company did not do it/didn't know. That will certainly not fly and will most probably get denied.

For question #2: You can file as many visa applications as you like, but if approved you only work for one of them.

#3: Again multiple applications will not impact the decision on other application, each application is evaluated on there own merit.

Hope things workout for you Good Luck.

[piscean5]

HI Shandan

Thanks for the reply. I agree with what you said. I am talking to lawyers and they are of the opinion that only argument is to show that we didn't had any Bad intent and prove that no additional benefit was availed because of not filing the amendment AND hope for the best. As you said there is very less chance of this flying and I am looking to get a new H1B filed through a new employer (Preferably a full time american employer or a Big consulting company).

Any advice on which type of companies I should target will help.

Other Questions

1) When I talk to prospective H1B employer should I be mentioning my RFE or just saying that my H1B extension is under process? Should I be talking about lack of previous amendments

2) As my H1B has expired by Sept end, I am now working under 240 day rule. Does that impact filing a new H1B from a different employer?

Thanks

Singh

[piscean5]

Hi Shandan

As you mentioned that I can file for an H1B through another employer. Can you look at my details and confirm that. I am doubtful because my H1B is now expired and I am working on 240 day rule. Does that make a difference

• Arrived in US – May 2007 First H1B expired - Sept 27 2009, Extension filed and received (Total time on 1st H1B - 2 years 5 months)
  
• 2nd H1B Expired – Sept 27 2012, Extension filed and RFE received. (Total time on 2nd H1B - 3 years)
  Total time on H1B : 5 years 5 Months
  I-140 approved: June 25, 2012
  
• If I am eligible to file a new H1B through a employer B, is it advisable to do so?
  
• If yes, should it be done before responding to RFE or if/when I get a denial.
  

Thanks

[shandan]

Your case is a bit complicated and since you are already under the 240 day rule, you cannot afford any mis-steps either. But I am pretty sure you know all this.

There are many factors which are in play in your situation, as you mentioned you have only used 5 year and 5 months, so probably there can be a re-capture of the unused time to make up the 6 years.

Also with an approved I-140 you can get an extension for 3 more years, but I am not sure how does it applies to new H1B scenario, as once you complete 6 years on H1 there is a break period before you apply for another H1b, but then again what is the scenario with an approved I-140, I am not aware of it.

Best way forward for you is to consult with a good immigration attorney on your own so that you get an independent advise, your companies attorney might only think from the companies perspective, if you want to pursue another opportunity he/she might not be a good source of information.

I really wish things work out for you, Good Luck. I am sorry I could not be of much further help.