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Project change when H1B Extension cum amendment is pending with RFE status
Hi,
I have situation where your input can help me.
Case Details:
I came to USA on H1B on Jan 2015 and started working for Client A.
H1b extension cum amendment was filed for new Client B on Aug 2015 and I started working for Client B .On March 8, 2016 my company upgraded case to premium and on March 9, 2016 I got RFE for specialty occupation.
Due to budget constraints I was rolled off on March 30, 2016 from Client B project for which h1b extension cum amendment was filed.
Questions:
· My company attorney is saying that they will respond to RFE that was received for H1b extension cum amendment filed for Client B with new H1b amendment receipt number that they are going to file in few days for new client C that I will join .
Is it safe option as RFE came for Client B and in response to RFE they are going to send new H1b amendment receipt number for client C ? what are my options if this leads to denial ? Do I have to go out of USA and file new h1b petition after finding new company?
· My I-94 expired on Sep 25, 2015 if I don’t get approval for h1b extension then I have to leave USA by May 20, 2016 according to 240 days rule even when petition is pending ?
· Given my situation I know it is too late to ask this question but can I try to get into contracting and find employer that is willing to file new petition? Will new petition approval be dependent on approval of petition on which I received RFE or are they independent ?
I have situation where your input can help me.
Case Details:
I came to USA on H1B on Jan 2015 and started working for Client A.
H1b extension cum amendment was filed for new Client B on Aug 2015 and I started working for Client B .On March 8, 2016 my company upgraded case to premium and on March 9, 2016 I got RFE for specialty occupation.
Due to budget constraints I was rolled off on March 30, 2016 from Client B project for which h1b extension cum amendment was filed.
Questions:
· My company attorney is saying that they will respond to RFE that was received for H1b extension cum amendment filed for Client B with new H1b amendment receipt number that they are going to file in few days for new client C that I will join .
Is it safe option as RFE came for Client B and in response to RFE they are going to send new H1b amendment receipt number for client C ? what are my options if this leads to denial ? Do I have to go out of USA and file new h1b petition after finding new company?
· My I-94 expired on Sep 25, 2015 if I don’t get approval for h1b extension then I have to leave USA by May 20, 2016 according to 240 days rule even when petition is pending ?
· Given my situation I know it is too late to ask this question but can I try to get into contracting and find employer that is willing to file new petition? Will new petition approval be dependent on approval of petition on which I received RFE or are they independent ?
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