H1b amendment pending, filed h1b extension, client change, new amendment

Hi Anil,
These are the series of events that happened with me.
I moved to client B from client A in jan 2018(different state) for which my h1b amendment was filed. I got an RFE for the same, replied back to it and there was no result till 1 year. Now I filed my h1b extension in june 2019 (my i94 expires on july21 2019).

In october 2019 I had to move to a different state for which my previous amendment that was pending was shelved and my company filed a new amendment for the new client C. I am still waiting for my amendment filed for C and extension result that was filed from client B.

How does USCIS process these kind of cases. What do you think I should do. I have only almost 60 days left for my 240 day rule.

Should I convert both to premium or only amendment to premium. Meanwhile my wife wants to visit india, if she goes what will be the consequences?


See this earlier discussion

H4 can travel but can return to US only if they have valid H4 visa stamp.

Thanks for the quick reply Anil. I got some good pointers in the thread you shared. But I have one question.

When my client changed in october 2019, my company filed only my amendment and not extension ( because extension was already filed with previous client and client letter in june 2019 at nebraska).

Do you think I have more chances of getting RFE since now my client has changed, and also since my amendment is pending which might take upto 4 months to be processed whereas I have only 2 months left for 240 day period.

Each amendment application is automatically an extension application too. Didn’t they apply for full 3 year work authorization in your amendment application?

240 day rule does not apply to H1B amendment applications.

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?


You have to file a new H1B amendment if the location is changing.

You cannot reply with new entirely different set of documents for a new location when USCIS is asking to prove the first location and LCA.