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Received 2nd RFE on H1 extn, but project ended.can amendment for new client be filed?

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  • Received 2nd RFE on H1 extn, but project ended.can amendment for new client be filed?

    My visa and I-94 expired on aug 07 2017, exon was filed and received an RFE which we responded on aug 07. My project ended on Aug 15, but I am on my leaves till sept 12 ( my payroll is still on till Sept 12, without a client project). By then If I don’t find a new job ( new employer) or new project with same employer, I will be asked to go back by my current employer ( employer A).
    While waiting on a decision by USCIS, today Aug 26, I again received an RFE. ( not sure why, all my teammates with same documents got an approval).
    At this stage, need your advice what should be the best course of action
    1. Since I don’t have a client project, how can I respond to this RFE, can I use the same documents (MSA, SOW) submitted earlier?
    2. My current employer found me a new project with a different client and in the process of raising an amendment. With this RFE, Can this amendment be raised? Also looks like there could be chances of denial for the H1 extension if we do not have enough documents to respond, how will this effect my amendment for new client?
    3. If I find a new job ( employer B) and try to transfer my H1B, will this current extension pending, denial have any affect on the decision for the transfer? This will be a bridge case, so if the extension decision comes before H1 transfer decision, and if its denied, can I still stay in the country till transfer decision is pending?
    Need advice as What would be the best option here? Stick with current employer or go with a transfer?

  • #2
    Received 2nd RFE on H1 extn, but project ended.can amendment for new client be filed?

    Hi Anna,

    Could you please share your findings and experience in this case?

    I am in a similar situation as well. My project has ended and my H1B extension was filed before that. Now, I have received an RFE requesting letters/SOW?MSA from the client.

    1. Since I don’t have a client project, how can I respond to this RFE, can I use the same documents (MSA, SOW) submitted earlier?
    2. My current employer found me a new project with a different client and in the process of raising an amendment. With this RFE, Can this amendment be raised? Also looks like there could be chances of denial for the H1 extension if we do not have enough documents to respond, how will this effect my amendment for new client?
    3. If I find a new job ( employer B) and try to transfer my H1B, will this current extension pending, denial have any affect on the decision for the transfer? This will be a bridge case, so if the extension decision comes before H1 transfer decision, and if its denied, can I still stay in the country till transfer decision is pending?
    Need advice as What would be the best option here? Stick with current employer or go with a transfer?

    I would appreciate your help.

    Thanks,
    Kumar

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