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New h1b filing - end client changed during rfe

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  • New h1b filing - end client changed during rfe

    Hi,

    I was an employee of Employer-E and worked as a consultant for Client-A in State-X in April, 2019 and filed for H1B.

    My H1B has been denied in Sept 2019 for not providing SOW.

    In Oct 2019, raised MTR with Client-A SOW.

    In June 2020, left USA as I didn't have work authorization to continue.

    There was no update on MTR for about an year due to slow processing and COVID.

    In Sept 2020, received RFE asking whether work site is valid location and project still exist, please see exact wording below.

    "Furthermore, in your response to the RFE, you provided a statement of work (SOW) between the end-client, Client-A and a mid-vendor. The evidence on record shows that the employment ended in January 2020. Moreover, USCIS records show that the beneficiary departed in June 2020. As such, USCIS is unable to ascertain whether the work location certified on the LCA is still a valid work location. As USCIS cannot back date an approval on a CAP case, the record shows that the employment sought has ended and USCIS will deny this petition, unless you can establish that the work and work location certified on the LCA is still valid."

    At the moment, I have a job opportunity with Client-B in State-Y and willing to provide SOW

    How can respond to this RFE without any documentation from Client-A ?
    Can we provide SOW from Client-B for approval?
    What are the chances of approval?


    Thanks
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