Change of client while H1B Extension under process


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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, Thanks a lot for your feedback  !



                         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.

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