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H1B Amendment Denied Appeal/Refile for same client

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  • H1B Amendment Denied Appeal/Refile for same client


    My H1B amendment (EVC Model) is denied after RFE, stating two reasons - "Failure to prove specialised skill set" and "Failure to prove employer-employee relationship". My initial H1B approval is valid until February 2018 and my I 94 expires on Sep 19, 2017.

    Even though my skill set qualifies to be a special one, lack of client letter played a big part in the denial. My employer suggests appealing the case with client letter. I am trying to get a client letter now but I am not sure if I can definitely get it.

    My ultimate desire is to keep working for the same client. I would like to know the answers for following questions, in order to figure out my options,

    1. Can I continue to work for the same client, once an appeal is filed by my employer? - I cannot go back to my old client as the contract is no more valid.

    2. Appeal generally takes a long time to be processed and is it even advisable to take that route?

    3. Can I have another employer file a new LCA and H1 petition for the same client, but this time with a client letter possibly? Would this work better over an appeal from my existing employer?

    4. If the answer is yes for the above question, can I start working for my client again, once I receive the Fedex receipt of the new petition package?

    Since I have only a few days left before my I 94 expires, I humbly request some direction from the contributors of this forum as soon as possible. Thank you very much in advance.

    Note: I am also consulting my attorney (through my employer) who is suggesting the appeal and I am very skeptical going down that route, as my main aim is to safeguard my position with my current client.