H1B Amendment Denied - Options to appeal or 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.

I am also in the similar situation. Can any one please respond if any on went through this situation. …

Hi Priya,

so whats the current status?

Did you appeal or reconsider/reopen ?

I filed another petition with a different employer but the same client and vendor, this time with the correct wage level and a copy of the job description from the internal vendor management system. Also, a proper email from the client saying that they have a company policy that prohibits them from providing client letter. I continued to work for the client with the receipt and with all this, my new petition got approved. From my experience, Filing an appeal adds more complications and if you have a valid case, justifying why the occupation is a specialty occupation with more explanation is what works best.

Hi Priya,

I am in same situation now. When you filed another petition what was your i94 status? expired ?
can we work at client with new petition filed?

My i94 was valid when I filed a new petition. The moment I came to know of my petition denial, I stopped working for the client. Resumed work again once the new petition was filed with the receipt notice. Took a two-week break from work at the client site but continued to be employed with my ex-employer, until a new petition was filed by my current employer, thus maintaining status at all times. In my case, it was poor documentation that resulted in the denial, especially quoting level 2 wage when it is actually level 4. Good luck.

My amendment denied, didn’t received denial notice yet to know the reason. My i94 is expired today, so what would be my options? My employer attorney is suggesting to refile a new petition. Can I work with receipt of new petition ?