Question on RFE plus new LCA (unexpected worksite change)

USA H1B Visa
1

I have filed H1B through a staffing company (Therapy / Rehab - Paramedical field). There is RFE for my case and i have some questions about it.

My employer has multiple locations in my city (where they provide therapist like me on for a long term period). They will assign me a work site depending on the opening around Oct. For LCA and I -29 filing they had put a name of a particular worksite “ABC”. Their contract with ABC was valid in April when they filed for visa. Unfortunately the contract with ABC is getting terminated from Aug; the notice was given this week. It has been getting automatically renewed for the past few years thus this termination of contract is unexpected for them (they got a notice this week itself).

To make it worse, they got an RFE this week itself. The RFE is asking for the contract my employer has with the local worksite ABC. Now my employer is ready to place me at another worksite XYZ. The attorney told me that they will interfile a new LCA for XYZ and new amended I-129 along with a contract with XYZ and an explanation with written proof of the ‘cancellation at ABC effective from August’ that shows we did not know this in April when we filed the H-1B.
(Note- They hadn’t filed any LCA for XYZ or any other worksites in April, while filling a LCA for ABC).

I am currently on H4, and so not working for them yet. There are chances of denial of my H1B because of this issue.

Now I would like to know:

  1. Realistically, what are the chances of denial?

  2. Is there anything else we need to do along with/ apart from above mentioned details to maximize the chances of approval?

  3. Would submitting the past few years’ contract with ABC along with the new documents and letter of explanation be helpful to show that our application is genuine and legit (when submitted in April)? The cancellation of existing contract at this moment and thus filing for a new position is (unexpected and) unintentional.
    ( If it is going to make it more confusing, please let me know).

  4. I am on dependent visa H4. The employer is asking for my husband’s pay-stubs for last 6 months. When I asked the reason, they mentioned me that it’s a part of RFE as in to show that my husband is economically capable of taking care of me.Could anyone please let me know if it’s a regular RFE request? I am not sure why they need this (my H4 is valid so clearly I have his financial support proven).

  5. Has anyone been through this situation in past? And if so, what are the other things I should be prepared for?

I have already missed last years quota due to bad timing on filing. So this is really important for me this time. I would highly appreciate your help. Thanks in advance!!

2

  1. Can’t say

  2. I don’t think there is anything else that can be done

  3. Your attorney can say that the contract was in place for few years and the cancelation is unexpected. They may include the old contract copy as well.

  4. USCIS can ask for husband’s payslips but not for the reason given by employer. Your H-1 may have been filed w/ COS and to approve it USCIS wants to confirm that you were in valid status, they need H-1 payslips as H-4 is in status only when H-1 holder is in status (which in turn requires payslips)