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URGENT CASE: H1B Expiring SEP 10 2017, CHANGE IN ORGANIZATION. VETERANS HELP NEEDED

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  • URGENT CASE: H1B Expiring SEP 10 2017, CHANGE IN ORGANIZATION. VETERANS HELP NEEDED

    Hi All,

    I am looking for veterans help in my H1B case. My current 6 years H1B is expiring on Sep 10 2017. I have an approved I-140 from July 2016.

    My current H1B is with company A which is expiring in Sep 10 2017. My company A filed for my extension in May this year for which I received RFE in August end. RFE states that " the petition submitted states that the beneficiary will be working at site A whereas submitted LCA is for some other place please submit correct LCA for the place where beneficiary will be working". The person who filed my paperwork ( not attorney) is no longer with the company. After I went through the paperwork I found out that there is mistake in submitted LCA. The person who filled my LCA made a mistake in the employment place, she entered our HQ site address (Andover, MA) instead of where I was supposed to work ( Santa Clara, CA). I believe everything on I-129 is correct only LCA error.

    In between when I filed for the extension and now my company A has gone through a split. One of the divisions of my company A has been bought and now is a separate entity with the same name A. Whereas all other divisions including mine formed a new company B. The split happened in Jun 2017 while my extension was pending.

    Now I am not sure how to respond to RFE since I cannot file new LCA with correct employment address with company A anymore since my paycheck is running by company B. My attorney advised that we should file a new H1B petition with company B and new LCA. Now my problem is since my current visa is expiring on Sept 10 and it will take another 2 weeks to file new H1B, will the USCIS reject my case since now I am filing after the expiry date? Also, how would I support the new petition with the paychecks since paychecks have been running my company B already.

    Can somebody help me over here please. I am in desperate need for help!!

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