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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3951
Experience:  Private practice in several areas, including immigration
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My employer was doing a cap-exempt new I129 petition to

Customer Question

My employer was doing a cap-exempt new I129 petition to change my status from L2 to H1B. We received RFE on the case to better explain the employer-employee relationship and had to respond by Dec 2016. Meanwhile, I lost my job! Is it possible now to find a new client and have the same employer respond to rfe with a change of client? Does it make more sense to find a new employer now to do a new I129 petition with new client?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Edward Young replied 10 months ago.

Hi there, I’m ***** *****, and I am a licensed immigration attorney. I see you’re asking about an H1B. I think I can help you, as I have over 30 years of experience in this area and have helped many people with their immigration issues.” Based on what you are telling me, you are no longer working for the employer who filed your I-129, is that correct?

Customer: replied 10 months ago.
I am not working for the employer who filed my I-129 right now. But my employer is a staffing company. He can find different clients for me. Could he use the same petition which he got rfe for client x for some other client say y?
Customer: replied 10 months ago.
Is there any update on this? My account is already charged.
Expert:  Edward Young replied 10 months ago.

Can you tell me what you do? What company are you no longer working for? Ordinarily I would recommend filing a new petition with a new client but I want to understand how, if at all, the employment is related?

Customer: replied 10 months ago.
I am a software developer and I have started to work for a staffing company A who tried to put me to work at client A1. However,client A1 has refused the job to me as my h1b transfer to company A had an RFE and it was asking for a lot of documents which client A1 could not provide. Meanwhile, client A2 is ready to work with me by providing a new offer. Should my employer A respond to RFE first with whatever documents he has received for client A1 and then next day do client ammendment? or should he just withdraw RFE petition and file a new petition with client A2 details on it and pay the fees again?
Customer: replied 10 months ago.
Not sure if you understand my question fully. We can head towards a refund too if my scenario is too complicated for this forum.

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