End Client Changed When RFE Comes - NEW H1B FILING


KrishS

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Hi,

I'm consultant and work in different client locations through consulting company, my employer. I'm in very critical situation now as I got RFE for my new H1B filing for 2014. I have applied H1B with LCA with end client location A. Now, I'm working with client B in different state as project was over with client A.

Unfortunately, now I got RFE asking end client letter with responsbilities, duration and job description, contract details, etc.. My employer told me that we can't file new LCA or amend the LCA filed earlier from client A as H1B quota is over.

Now , How do I response to USCIS for RFE request.. client A can't help on this situation.. client B is ready to help if needed.. I don't know what to do..

My question is.. can't we amend the LCA with new client information and continue the petition (H1B process). If we can amend LCA, I can provide all the documents requested by USCIS from client B (my current client)..

Have anyone ever faced this type of situation?

Please help me with your expertise suggestion.. Your small effort could save my life..

Thanks & Regards,

Krish..

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Unfortunately, now I got RFE asking end client letter with responsbilities, duration and job description, contract details, etc.. My employer told me that we can't file new LCA or amend the LCA filed earlier from client A as H1B quota is over.

Now , How do I response to USCIS for RFE request.. client A can't help on this situation.. client B is ready to help if needed.. I don't know what to do..

My question is.. can't we amend the LCA with new client information and continue the petition (H1B process). If we can amend LCA, I can provide all the documents requested by USCIS from client B (my current client)..

Have anyone ever faced this type of situation?

Firstly, that's your employer's mistake, he filed H1 without proper documentation.

Second, amendment is nothing but changing the terms in the H1 petition which is already approved. So you cannot amend your current petition.

I am not scaring you but, chances are very low for your H1 approval.

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Each approved LCA has an id/serial # and you cannot change the LCA.

You cannot change /update a new LCA on a pending H1 petition unless it is before the H1 filing or after the approval.

Your current LCA hopefully has both your employers and client A's work-location.

If you are allowed to work from your employers location and if your client B can provide a letter indicating the same, your LCA location issue will not cause a reason for denial.

Consult a VERY good immigration attorney maybe 'Murthy Law Firm' as they may have handled cases like this.

Good Luck!!!

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  • 1 month later...
  • 2 weeks later...

hi guys,,

 

my wife is also in same situation,  she is on OPT expires in Dec.  her employer filed H1B without client and vendor letter due to lack of time to get letters... She joined job at client location on March 27th, which left literally no time to get letters before April 1st. Now, she got an RFE for client and vendor letters.. Currently she is working for another client through other vendor..and they have provided letters.  

 

Her employer filed a new LCA meanwhile with new location, and new LCA has been certified. Can her employer file an amendment for H1B petition with new certified LCA , and submit new client and vendor letters in response to the RFE? 

 

I know, this is not a unique situation...many people might have gone through this situation especially in consulting world.  plz share your thoughts.

Thnks.

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Her employer filed a new LCA meanwhile with new location, and new LCA has been certified. Can her employer file an amendment for H1B petition with new certified LCA , and submit new client and vendor letters in response to the RFE? 

Amendment is done for a approved H1 petition, not for the one which is in process. That's what mean by amendment in general, changes in already approved one.

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 thanks for your thought dude.  I totally hate H4... it is the worst visa status for an educated qualified person in the USA.  Hopefully, gang 8 immigration bill pass soon, and next year H4 may also get work authorization with this bill... All pray!!!

For educated people their is H1. If your wife's job doesn't meet the req for H1 approval, that's your problem, moreover she is lucky that still she got option to stay in US.

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  • 3 weeks later...
  • 1 month later...

Hi Freinds,

 

I have the same situation of RFE and now my client has changed, I dont have any previous documents of client A, except the MSA but for Client B Employer can provide SOW, Onsite Manger letter and PO ..

 

I am not quite sure if LCA is very important or what I should suggest my ViSA team , btw I work for a Big Indian Firm

 

Please provide your valuable suggestions.

 

rgds,
Sandeep.K

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  • 4 weeks later...

Hi Rahul,

 

Thanks for your inputs, I have asked my VISA team to help me for old client details and somehow managed to get the previous client SOW and current client SOW , PO & Manager letter, and they said they are going with new LCA, as both client locations are entirely different.

 

Could you suggest anything more on this please?

 

regards,

Sandeep.K

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Hi Rahul,

 

Thanks for your inputs, I have asked my VISA team to help me for old client details and somehow managed to get the previous client SOW and current client SOW , PO & Manager letter, and they said they are going with new LCA, as both client locations are entirely different.

 

Could you suggest anything more on this please?

 

regards,

Sandeep.K

You need new LCA since their is change in client's work location.

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Hi Rahul,

Sorry, I didnt see your reply for a long time, I got the New Approved LCA (that is what my company says, that they already have bulk Approved LCA's before in hand) and even got the SOW of the Old client.

 

So now I have old clients sow, new clients sow, mgr letter and PO, Even though my company told they have an approved LCA, I was worried since DOL is not operating due to Shutdown, is that a true answer from mY Employer??

 

Could you emphaze and relate my case to the current US Shutdown condition please.

 

regards,

Sandeep.K

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  • 9 months later...
  • 4 weeks later...

Hi All,

 

My company X has filed H1B petion with Client A(Location SFO, CA) this year and currently it is in RFE status. RFE related docs was submited to USCIS from the same Client A.

 

Since there is another requirement in the same company X, i have asked to travel on B1 Visa for 4 weeks to another Client B (different location in CA, USA), upon returning from B1 Trip will be going to H1B interview with documents of Client A, since my company has filed H1B with Client A.

 

Will this effect my H1B any way ? Please suggest.

 

Thanks for reading and your valuable response. Appreicate your help.

 

Please be noted that i have a valid B1 and visited US twice earlier.

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  • 1 year later...

Hi Anagariya

 

As per your below statement your Visa was approved after changing the client during H1B RFE. You provided the letters from different client while replying to RFE. I am also in same situation. 

 

I applied for H1B for client A but during H1 process my company assigned me another project with Client B and applied for L1A Visa. Currently I am working onsite in US for client B on L1A visa. I got RFE on my H1 application for client letter. Below are the queries I have.

 

1. Can we amend LCA and give the details from Client B? My company have pre-approved bulk LCA. We have all required documents from client B i.e. Client letter, SOW, Onsite manager letter, Paystub, Time sheets etc. Will this cause denial of application? I saw below blog as well on this situation.

 

 

 

2. If somehow I provide onsite manager letter from Client A and visa gets approved but I am not going to work with Client A in LCA location in future. In that case can I file an LCA amendment for Client B location? Will there be any issue as I will never work on Client A site after approval.

 

3. Will all above cases anyways affect my L1A Visa? I have L1A visa till 2018.

 

Thanks.

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  • 2 weeks later...

I am on a cap-exempt H1B.

 

A cap Employer filed my H1B April 1 2015 and it got picked up in lottery. LCA filed is for Phoenix and no specific client details was given during initial filing. They just have a MSA with client A in phoenix.

 

USCIS(California) issues RFE asking for employee-employer relationship and specialty occupation proof.

 

We found a client B in San Franciso with End Client-> (Prime Vendor-A) -> (Supplier-B)->(My Employer) setup. We have end client letter, all contracts, PO, MSA.

 

Note that the LCA for client B is different. And there are no positions open at the original location of LCA i.e Client A.

 

Is it possible to get the petition approved if we get letters from (Prime vendor A) and (Supplier B) stating that the work has been moved from Phoenix to San Francisco area ? What are my options ?

 

Should we submit the MSA that we have with client A along with above letters or should we not file it ?

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  • 3 years later...

Hello Members,

I am working at service based Company A on L2 Visa EAD. Company A filed my H1B petition in 2018-19 and got picked in the lottery.

When company A filed the H1B petition I was working for Client X, hence the LCA and MSA was filed for Client X with the client letter ending on December 31,2018. Meanwhile the requirement changed and I was moved to Client Y in June 2018. 

Now USCIS has send the RFE on Jan 18, 2019 stating that it cannot determine that there is availability of work in a specialty occupation for the validity period requested for the beneficiary.

Does anyone has recently gone through this situation?  If yes, how did you handle it?

What is the best way to respond on this kind of RFE? Should we file new LCA along with Client Y's PO, SoW, Client letter?

Thanks in advance. Appreciate your help.

P.S.: My attorney is advising that we cannot file new LCA with the existing pending H1 petition.

--

Regards,

Aashka

 

Edited by aashkap
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