Contract terminated during RFE processing, impact on h1 b application

USA H1B Visa
1

Hi, I was working for company B as a contractor through consultancy A on l2 ead. I had applied for my h1b through consultancy A and it is in RFE stage requesting employee employer relationship details. I was on an agreement with the company B and my consultancy A to take a maternity break for 8 weeks and re join thr same position in company B through A in January. But due to unforeseen reasons, company B has ended my contract. My attorney says , under this situation my h1 application will no longer be valid and he can not process my RFE anymore. Can you please clarify if what my attorney says is correct? Is there anything that can be done from the consultancy s end to make sure that my h1 goes through processing.

2

Lawyer may be correct. But it is totally upto consultancy to respond to RFE. Inorder to show Employer-employee relationship they need, SOW , contracts and client letter. etc.

If you can convince your employer then its a different matter…

3

I think you used FMLA for the maternity leave. That provides you job security w/ A i.e. your employer. I don’t think it covers B who is a client. In that case, B can decide not to hire you and the attorney can decide not to reply to RFE. They are employed by B and not you.

4

I am a bit confused here. The attorney is through A and not B, so A can still talk to attorney and process my H1 correct ?

5

The H-1 was filed by B so I assume they will hire their own attorney. That’s why I said attorney (assuming it is B’s) can decide not to respond to it. If it’s A’s attorney then they cannot do anything about it as they are not hired by B.

The RFE can only be responded by B or their attorney. Does that clarify?

6

Hi Saurabh,

Apologies for not stating it clear. My H1 is filed through consultancy A and not through company B.
So A’s attorney is stating now that my H1 petition will not be valid anymore for two reasons #1 - my current contract with B got terminated #2 Maternity break for 2 months

7

I don’t agree w/ #2. How can maternity break invalidate the H-1 petition?

RE #1, he might be saying that RFE was related to client B and as they are no longer in contract, that RFE cannot be responded. In that case, H-1 petition will be denied, unless you are able to find another client and submit their information.