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End Client Changes after while processing H1B and RFE comes

Arlington, TX |

HI,

I'm filing H1B from my employer (consulting company) with end client A. Unfortunately, my project got ended and I have to move for next project with new client B.

Yesterday, my H1B process changed to "Initial Review" and it says my premium process is stopped and RFE is raised, in my understanding. Now, I'm scared how do I tackle USCIS with correct reasoning and processes. Can any one please suggest me what processes should I take into so that I'm qualified for the I129 process?

Changing end client while H1B processing could be a reason of denial of application? Should I amend the filing process with new LCA from end client B and re-send the updated documents (vendor letter, contract document, PO, client letter, etc)?

My OPT expires end of this year..

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Attorney answers 3

Posted

You are asking a general question which is so broad that it cannot be answered in any meaningful way.

It is your employer's responsibility to formulate the answers to an RFE, not to you, the intended beneficiary.. (Unless, of course, the "employer" does not even have an attorney who prepared the H-1B, in which case USCIS might be right that the overwhelming majority of these "contractor" cases are nothing but blatant fraud..)

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Giacomo, Thanks for your opinion.. I agree with your statement.. Though it is my employer concern, but I'm the one who affected most by this acceptance/denial result.. Could you suggest me can we amend LCA (H1B quota got filled for 2014) and respond to the RFE with new client and project information... My employer told me that we can't file new LCA for new H1B filing process when H1B quota got filled.. Is It.. you guys are expert on these matters.. your small suggestion will save my life.. Please.... Thanks..

Posted

If you have an RFE and the location where you will work is changing along with the End client then determine new prevailing wage and get an LCA to submit with the RFE response. They may also want new information from the end client.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Asker

Posted

Hi Lynne, Thanks for the response. My employer told me that this year (2014) H1B quota got filled (I have filed new H1B for 2014 and got RFE for the same...) so we can't reapply/amend new LCA and response RFE with new client information and contractual documents.. Is it really we can't? Please suggest me what would be the best way of responding USCIS for RFE requested.. I'm currently working on client B and RFE ask info of Client A where I was working while filing LCA.. Your suggestion will be more valuable to me.. Thanks..

Posted

You will indeed need a new LCA

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Thanks Alexander.. I believe you understand the situation I'm facing.. I have filed new H1B for 2014 with LCA of client A.. Now, I'm in client B. Now I got RFE requesting client letter and project details... My employer told that we can't file new LCA or amend the old one as H1B filing date is over or H1B quota is over for this year.. How do I response to USCIS for request.. client A can't help on this situation.. client B is ready to give information if needed.. I don't know what to do.. My question is.. can't we amend or file new LCA and continue with the same H1B process and provide the requested information for RFE.. Please suggest me... Thanks..

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