RFE one year after USCIS visits client location.

[muddu_shafi]

I was issued an RFE one year after USCIS visited my client location. My H1B was approved by my Employer stating that I would be working at this client location until 2014. But during Mid 2012, I left the client and went to work for another client. That is when USCIS visited the client location.

 

But, recently(1 year ago) I moved back to the older client location for which my H1B was approved. I've been working here since then.  My employer's lawyer replied to the RFE with the details requested.

 

Should I be worried, or should I be relaxed with the situation that I am in?? I know this is a stupid question, but wanted some opinion on my situation and possible alternatives.

 

It's been 50 days since my lawyer replied back, when does USCIS typically reply(they said usually within 60 days)?

 

If in the worst case scenario, If USCIS rejects and cancels my H1B petition. Can my lawyer file for reconsideration?

 

If yes, can I during that time have an another employer file a new H1B petition? I just want to avoid staying with out status......

 

Please suggest me what would be the best approach.............................

[rahul412]

I was issued an RFE one year after USCIS visited my client location. My H1B was approved by my Employer stating that I would be working at this client location until 2014. But during Mid 2012, I left the client and went to work for another client. That is when USCIS visited the client location.

 

Their is a material change in your petition which was not notified to USCIS on time. This is against H1 rules.

[muddu_shafi]

My employer filed a LCA for the next location on time when I moved from client A and Client B. We submitted that documents as part of the RFE response.

[rahul412]

My employer filed a LCA for the next location on time when I moved from client A and Client B. We submitted that documents as part of the RFE response.

If that's the case then you should be good to go. But these days I heard that H1 amendment is req for these types of changes in the petition, I am not 100% sure about this.

[muddu_shafi]

Rahul, thanks for the replies.

 

If in the worst case scenario, If USCIS rejects and cancels my H1B petition. Can my lawyer file for reconsideration? And during the time USCIS considers my recommendation, can I apply for a H1B transfer from another company..........

[sthamago]

My employer filed a LCA for the next location on time when I moved from client A and Client B. We submitted that documents as part of the RFE response.

If you have updated LCA on time from Client A to B then it that has the information only with DOS and not with USCIS.

 

please refer to below url

http://www.***************

[sthamago]

Sorry its DOL not DOS

[rahul412]

Rahul, thanks for the replies.

 

If in the worst case scenario, If USCIS rejects and cancels my H1B petition. Can my lawyer file for reconsideration? And during the time USCIS considers my recommendation, can I apply for a H1B transfer from another company..........

You can file for transfer from another company, but doesn't know the how it works in the case of reconsideration

[muddu_shafi]

Thanks Rahul for your responses.....But anyone, i.e admin/murthy can throw some light on this issue. 

"If in the worst case scenario, If USCIS rejects and cancels my H1B petition. Can my lawyer file for reconsideration? And during the time USCIS considers my recommendation, can I apply for a H1B transfer from another company.........."

[muddu_shafi]

Thanks Rahul for your responses.....But anyone, i.e admin/murthy can throw some light on this issue. 

"If in the worst case scenario, If USCIS rejects and cancels my H1B petition. Can my lawyer file for reconsideration? And during the time USCIS considers my recommendation, can I apply for a H1B transfer from another company.........."

Can anyone advise me on this issue?

[JoeF]

Can anyone advise me on this issue?

You have a lawyer. Ask him.