H1 RFE and new opportunity

[skywalker]

Hello,

My H1 currently expired on 9/20/2015 and we have already filed a request for an extension. Recently I received a new job opportunity which is in the same MSA as the old client and hence wouldn't need a transfer but just a LCA filing at the new client. We moved the request to premium processing to enable that but that thre an RFE requesting additional employee employer relationship which the client is delaying. The new client and vendor are ready to give the requested information and any document whatsover. Can i move to the new company and send in that Client letter? What are my options in this situation?

[shervin143]

Well, you cannot give the new client' information while responding back to the RFE. Your LCA would have been filed for the old client location and your I-129 will reflect the same. Since your I-94 already expired, you cannot withdraw that extension and file a new one based on the new client information. This is why one should file the extension as early as possible rather than waiting until the last minute.

You can try and respond back with new client information. But the chances of the RFE getting cleared is less in that case.