RFE for H1B Extension and Amendment with Skill/Client Change in response to the RFE

Hi Anil,

My Current visa and I94 expired in Oct 2019 and I filed for an extension in Jun 2019. Today I see the status of my case changed to Request for Evidence in the USCIS site. Due to COVID-19, my client (say Client A) stopped all the non-critical work and I was released from the project. So I don’t have an option to respond to RFE since I am no more associated with the Client A and my company will not be ready to provide documentation due to this factor. Now I have an opportunity for Client B for a different skill, but the location and company remain same. What I would like to know are

  1. Can my company file for an amendment in response to the RFE with the new client letter for the new skill which I will be working on?

  2. What are the things to be taken care of while doing this amendment? Like can I change my position as well (Computer Programmer to Systems Analyst).

  3. Can I start working for the Client B once amendment is filed or should I wait for the USCIS decision to start working for Client B? (Note there is no LCA required since the location being same)

  4. My I140 has been filed with USCIS recently. Will this be impacted if my current extension/amendment gets denied?

  5. I am currently in India (had to leave US due to an emergency). Can I continue working from India when my amendment is in progress?

  6. With the the premium processing being suspended, how soon can I expect to receive a response for the RFE response?

Appreciate your inputs.


Hi @ana00159

You are mixing too many things.

If you are in India, you are not on H1B status. Simple as that.

If your technology or job description is changing, then you need to file an amendment.

You can start working on amendment receipt if you are in US physically. Not sure how your employer will manage it since you are outside USA.

You cannot file amendment as a response to RFE. You should file amendment with new fees and a separate application.

Your employer needs to prove that you are physically in US to apply ‘extension of status’ with amendment. I don’t know how they will do it as it appears that you have already taken a decision to go ahead with it.

Hi Anil,

Thanks for your response. Please bear my ignorance, but I am still confused hearing I no longer maintain the H1B status.

I came to India in Jan 2020 for a family emergency (when my extension was already going on with USCIS for which I had a receipt date of Aug 2019), took a vacation for the month of Feb and resumed working from India remotely for the Client A from March.

I still have my US payroll running in US. I was in fact anticipating my extension to be approved for Client A and was expecting to be back in US after stamping by April.

That’s when all these series of events unfolded due to COVID-19 pandemic. (Roll-off from Client A in the month of March and RFE for the extension going on in April).

What I am surprised is, I have seen people moving out of US for various reasons, do extension along with amendment and come back to US with a stamped visa.

Would I be also eligible for this? I probably need to let my employer know if this cannot be achieved (I assume they should be well aware of this).

I mean to ask if my payroll still runs back in US, do I need to be physically present in US to do amendment and extension?

Another thing is, do you think this would impact my I140 processing? What is the best thing that you would do if you were in a situation like mine?

With I140 yet to be approved, my current max out date for H1B is somewhere in NOV 2020.Do I need to repatriate US and come back later?


I suggest to read this:

I-140 can run separately irrespective of what happens to your H1B.

You need to understand that H1B is a US visa for working in US.
You get into H1B status when you get a new i94 on entry and i94 gets invalidated automatically on your exit from US.

While you are in India, your work is governed by Indian laws and you don’t need H1B.

US Employers do run payroll in US for short term while you are away but that’s a gray area and will vary based on USCIS officer’s interpretation.

Hi Anil,

I got it now after reading through the page that you shared. Could you tell me in this scenario -

What are the options that I have now to come back to US?Can I do a parallel extension and amendment with Client B SOW at this point?

As I mentioned before my H1B extension is based on Client A SOW, I am not sure if I will be able to provide required documentation to the USCIS in response to the RFE.


If you file an amendment now, it has to be filed as ‘consular processing’, which means that you will need to get H1B visa stamp to go back to US once it is approved.

Thanks Anil. Do you think I can do a parallel extension with amendment (consular processing) from India for the new client? How long it takes?

Every amendment is automatically an extension too.

Check current H1B processing time here.

Could you let me know if I have any other option to travel back? I don’t mind leaving US, but I have a whole lot of stuff to be care there including my apartment lease and car. Is L1B or B2 difficult to get?

All visas are easy to get if you have the paperwork. I do not recommend filing B2 but its your choice if you want to file it.

Thanks Anil. Your inputs were really helpful.

HI Anil,

I got to know from the attorney that the reason for RFE is the ‘H1B-Specialty Occupation’. Our corporate legal team says this is one among the most serious & common RFE’s issued now a days and hence need to be justified with proper documentation. Since I am no more with the Client (rolled-off), is it still fine to go ahead submitting the RFE response without Client letter? What are the chances of approval in this case?


It depends on USCIS officer.

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