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Change of client while H1B being processed

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asked Jun 11, 2016 in H1B: RFEs by akshayacharya007 (150 points)

My application got picked up in the lottery this year. My employer has filed a petition with Client A details but most likely if my petition gets RFE by that time I won’t be working for Client A. So if my employer responds to RFE with Client B details, is that fine? As per as my knowledge, H1B amendments can be done only on approved H1B petitions. Can’t my employer tell USCIS what happened with the client which was mentioned in initial I-129 form by providing an explanation letter & new LCA with valid SOW of a new client? Is there any way to get I-129 approved if we were not able to provide valid SOW for the client which was mentioned in initial I-129. 

1 Answer

0 votes
answered Jul 7, 2016 by RaNa (14,558 points)
Now that rules changed, H1B amendment can be even done on pending petitions, so you are good. Timely amendment is what matters. If there is an RFE, you can reply them with earlier project and new timely amendment receipt

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