Change of client while H1B Extension under process

[dvCanada2014]

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Hi, please see if you can help me,

 

Here is my situation:

• My H1B and I-94 expires in June 2015.

• My employer applied for a H1 B Extension with Client # 1 in May 2015 .While the extension was under process, my project with Client # 1 came to an end

• I found a new project and moved to a different city to Client # 2. My employer applied a *new* H1 B extension application ( with premium processing) with a new LCA in Sep 2015

  • For the new H1B extension application,  I got an RFE, replied the RFE with client and vendor letters

  • Following that, I got another  RFE # 2 requesting information about the status on my previous H1B ext. application which I applied in May 2015

• My lawyer says that:

  • “USCIS will not approve our H1 with an I-94 card because the first extension hasn’t been approved yet (and will not be approved because I am no longer on that project)

  • And they will reply the new RFE saying I am opting for consular processing for the visa.

  • USCIS will then approve the H1 without the I-94 and send a copy of the petition to the consulate of your choice where you would need to go for visa stamping.

  • Then you reenter the US and get a new I-94 number.

  • We will withdraw the first (pending) H1 only after the latest petition  gets approved.       

My question is that, is it really mandatory to leave the country and go for consular processing , or is there a way I can find a solution to this problem without having to leave the US?

I really do appreciate any kind of guidance/direction on this.         

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[jairichi]

Attorney has clearly mentioned the course of action. In this case consular processing is the only option.

[Jvasireddy]

Hi Charan,

I'm also going to be under happened, could you please tell me what happened next? Did you attend consular processing..? Thanks appreciate it.

[dvCanada2014]

@Jairichi, Thanks a lot for your feedback  !

 

@VasiReddy,

                         I'm yet to reply to RFE, I am plannig on getting a second legal opinion ( just to make sure I have exhausted all the options). But, from the infromation I gathered, consular processing seems to be the only option. 

[jairichi]

@Jairichi, Thanks a lot for your feedback  !

 

@VasiReddy,

                         I'm yet to reply to RFE, I am plannig on getting a second legal opinion ( just to make sure I have exhausted all the options). But, from the infromation I gathered, consular processing seems to be the only option. 

For a second opinion talk to an attorney from Murthy law firm.