NEW H1B RFE END CLIENT CHANGES

[KrishS]

I filed LCA with client information as client A for H1B for 2014. Right after H1B application processed, my project is over and I moved to new location for client B.

Now, RFE comes with information requesting like, client location, project duration, project responsibilities, contract details and so on.. Now, I'm scared how do I provide documents with client A to USCIS as I already start working on client B.

Please help me with couple of questions::

i. Should I apply new LCA with client B and send new client B information like, client letter, project responsibilities, new contract documents and so on.. Can I amend the LCA of client A to Client B in between filing and processing?

ii. If I can't amend LCA.. what should be the best option then?

My Employer says we can't file or amend new LCA as H1B Quota is filled for 2014 and we have to go with old LCA only.. If we tried with new LCA, USCIS may reject or deny the petition.. Is it true?

When I have gone through forums, everybody suggests to file new LCA and processed.. If anyone already be in such situation or have experience on this situation.. Please help me from this complex situation..

Really appreciate your help ..

[omshiv]

Option 1 is the best option.

your employer needs to approach an experienced attorney.

[wiweq]

Stay away from your employer's job. They paid for your H1b; they own it and better know about this. At most, you can recommend them an attorney and leave the employer who doesn't know H1b regulations. They can easily put your H1b status in danger.

[sk.january]

Please help me with couple of questions::

i. Should I apply new LCA with client B and send new client B information like, client letter, project responsibilities, new contract documents and so on.. Can I amend the LCA of client A to Client B in between filing and processing?

ii. If I can't amend LCA.. what should be the best option then?

My Employer says we can't file or amend new LCA as H1B Quota is filled for 2014 and we have to go with old LCA only.. If we tried with new LCA, USCIS may reject or deny the petition.. Is it true?

You cannot file a new LCA while the petition is pending. Unless the LCA was certified before the H1B was filed.

In some cases USICS may have over looked and approved petitions, but the rule says you cannot update LCA's.

Your employer is right, USCIS will reject/deny the petition.

Search similar links and read more and consult an immigration attorney:

'Questions and Answers: Temporary Acceptance of H-1B Petition Filed without DOL's Certified Labor Condition Applications (LCAs)'

[Ahmed092]

Hi Krish,

I am going to end up in the similar situation. Did you submit a new LCA with client B and supporting documents for it ? Could you tell what was the result of this new petition?  

Thank you, I appreciate.