LCA issue - H1B extension application while I-94 expired

[ashnit]

Hello,

I have applied for my H1-B extension a day before my I-94 was expiring. it was filed in premium processing. Now I have got RFE.

My case is as follows:

I work from my employer's office all the time. I rarely have to go to the client location. Maybe for 2-3 weeks an year. The SOW between my employer and client says that the resource will be working onsite at the vendor location. Secondly, the badge that I have submitted is for the client.

My RFE builds upon the two points above stating, you seem to be working both at the employer office and client location. And the LCA you have filed is only for your employer location.

Now they want to see an LCA for my client location which was certified, prior to the date of application of my H1-B extension.

I do not know what all options do I have.

1. Can I file an amendment LCA which can be back dated?

2. Can I say that I work only for 2-3 weeks per year at the client location so would not require LCA?

3. How will the fact that my I-94 expired affect my case?

4. Are there any other options?

Someone please advise me.

Thank you in advance!

[rahul412]

1. Can I file an amendment LCA which can be back dated?

2. Can I say that I work only for 2-3 weeks per year at the client location so would not require LCA?

1. No

2. if that's true then you can.

[Attorney_10]

The facts of your case appear complex. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for replying to the RFE.

[ashnit]

Thank you for the response. I will schedule an appointment to discuss with one of your lawyers.