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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109616
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am working for CLIENT but my H1B was applied with client

Customer Question

I am working for CLIENT B but my H1B was applied with client A. now the RFE states to provide client letter and contract details bethween the employer and client. What should I DO ?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: i HAVENT RESPONDED TO RFE YET
JA: Have you talked to a lawyer yet?
Customer: NOT YET
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO THATS IT
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

But you are still with the same principal employer, you are just with a different end client? Are you saying that you think an amendment should have been filed and it wasn't? What's the difference in locations between client A and B and the job duties?

Customer: replied 3 months ago.
I am with same employer. But my LCA was filled from the CLIENT A location wheras Client B is at another location. My company had given the CONTRACT DETAILS of client A but the contract was ending before october 2017. Therefore USCIS has sent an rfe to give the recent contract details. As i no longer work there can i give CLIENT B contract details?
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

But what's the difference in locations between A and B? Are they very far apart like one is in one city and the other is in another city? What cities?

Customer: replied 3 months ago.
Client A was in Fort worth TX and Client B is Richordson TX almost 40 to 45 miles away from each other
Customer: replied 3 months ago.
Hey! are you there ?
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Yes, I am here. Sorry for the delay. I am assisting other customers at the same time and I type fast but not that fast. The problem is that an H-1B amendment may have needed to have been filed. Take a look at this link:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

If you can prove that the two locations are within the same Metropolitan Statistical Area (MSA), submit that evidence and the information in regards ***** ***** B and that should get through. If you cannot prove that the clients are within the same MSA, then you are in trouble because you had to have filed an amendment. Your employer may need to file it now and you might have to leave the U.S. to get stamping to come back if your current process is an extension and your I-94 has already expired. If it has not expired, then abandon the current process and have your employer file an amendment and also requesting an extension in the amendment.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 3 months ago.
my employer says, we cannot file an amendment while responding to RFE.Is that true? I am currently working on OPT extension.
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Oh. I see. So you aren't even in H-1B status yet? This is your first H-1B?

Customer: replied 3 months ago.
THIS IS MY FIRST.
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Well, then you aren't violating anything because you are allowed to work for anyone while on OPT as long as it is related to your field. The H-1B is for future employment on October 1st. So yes, have your employer respond to the RFE and ask that the petition be amended. They may have to pull a new LCA with the information of the new client and add that to the response as well.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 3 months ago.
Can my Petetion be amended (.i.e a new lca)sent while responding to RFE.?
Customer: replied 3 months ago.
Waiting for response
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Sorry for the delay. I am a practicing attorney with my own law firm and I sometimes have to attend to my clients. Anyway, it's either amend or file a new petition and you cannot file a new petition because the lottery is over. So you don't have a choice at this point.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Thank you for your kindness and respect. Good luck to you.