Urgent Help for RFE - PP

USA H1B Visa
1

Hello Saurabh,

Thanks for providing valuable information about H1 visa.

I got selected in H1 lottery this year. After selection the petition is converted into PP. and got RFE three weeks before. I am working in service based company A and initially my company filled the petition for client ABC and now ABC company don’t have openings.

So can we change the client letter while replying it to RFE ?? As the previous client is not providing the letter. But other client is having requirement.

I am very confused, as my company is not having clear picture about this.

It will be a great help is you can tell me what is the correct process, as I am aware that we can change the client only after approval.

2

Are the new and old client at same location or different locations? Did they submit new LCA as part of RFE response (especially if the location is different)?

3

Locations for old and new client is different. Till now they have not replied to the RFE.

As the visa team is not having such experience, I would like to take your expert advice to solve this issue as response time for RFE is very less.

Since the old client not provided the letter, my company is looking for another client.

Can you please tell me which and all documents are needed if it si possible to change the client at this stage.

Waiting for your reply.

4

This may be tricky. Any change in location requires new LCA to be applied, which is not possible in case of a pending petition.

Your best option is to find another client in the same MSA as the old client so that no LCA change is warranted.

If not, you can submit new client and LCA information along w/ a letter to USCIS explaining the situation. It is then up to USCIS officer whether to accept the explanation or not.

5

Thanks for your quick reply. I discussed the same with my Visa team, they are saying that changing client is not a good idea and risky also.

is there any way out ?

Regards,
Akshay

6

Dear Saurabh,

I had a discussion with visa team, they are telling that they will provide the client letter of our company (US office - ABC.Inc) instead of client letter. Location of our office is not the same its different from the client.

Our US office is registered in USA as .Inc .

I want to know whether that will be risky ? or that will be fine ?

7

Any option now is a risky option. This is also a good option especially if the employer is an established name and USCIS officer reviewing the case ascertains that such an employer would not involve in benching or illegal practices.

8

Dear Saurabh

As discussed, my company is providing the letter of its US office instead of client letter.

They are also attaching the old purchase order and New purchase order from client, in which the amount for onsite position is also mentioned.Location of our US office is different from the client location.

  1. Will it be sufficient ??
  2. How much time USCIS will take to respond as its in PP ??

Waiting for your reply.

Regards,
Akshay

9

  1. I think that’s the best course of action. If your employer is a reputed one, then they should be able to approve based on this.

  2. It will be processed within 15 calendar days once response is received by them.