New H1b - Project ended - RFE for client letter

Dear Friends,

I am in H4 Ead, and when I was working for client A my new H1 got picked up in lottery in Mar 21 and applied for H1b in premium processing using client A details. I got first RFE and my employer responded quickly. Unfortunately, I had to quit working for client A (personal reason) last week and today I got second RFE regarding Employer-Employee & client A regarding. I cannot go back and join Client A, but I have the work proof with client A till last week.

What options I have to get this H1b approved?
Since, I am in H4 Ead, when I get a job with client B, can I use it in any way given the fact that my contract ended with client A last week?. Please help!

Unfortunately you have no options as you are no more working for the employer who sponsored your H1B. Also once you leave, your employer will need to withdraw the H1B petition or simply not responding to RFE will end up in a rejection.

You can talk to your employer if they are willing to go ahead with the processing by responding to the RFE and can employ you back once H1B is approved.

Employer B will need to file again in the lottery/cap-subject as your already left the employer A before your H1B petition was approved. If it would have been approved, you would then be able to transfer it to another employer.

Dear @Kalpesh_Dalwadi,

First of all, Thanks for taking time to reply.

I think I was not clear on the post I made. I stopped working for client A only. I am still with with my Employer A who filed my H1b petition. Using my H4 Ead, my Employer A filed my petition with Client A details when I was working with Client A. Now I stopped working with Client A last week, but my employer is still Employer A. No change in Employer, only change in client. But the RFE is related to Client A.

I apologize for misinterpreting your post.

Your employer’s immigration lawyer should be able to address this. If your position, salary and location is the same for client B as client A then it should all be good, otherwise your employer will need to file an amendment after the H1B is approved.

Thanks again @Kalpesh_Dalwadi Now my question is

Since I got an RFE for client A, Employer A will not respond to RFE immediately. In the mean time, is there any options when I get a job with Client B thru Employer A itself. Can we respond to the RFE that client A changed and the new LCA with Client B details to approve the H1b petition?

This should be handled by your employer and immigration lawyer.

Thanks Kalpesh. @anil_am22 can you provide your opinion? I will eventually check with the immigration attorney, but would like to get your opinion whether it’s doable or not. Thank You!