H1B client\LCA change in between pendind application

Question

Hi

My H1B application is currently pending with USCIS ( General CAP - PP). I am currently on an L1.

However, my project is going to change in the next month. Will I have to apply for new LCA and changed I-129 during this time? I am just worried in case there is an RFE.

 

Could you please advise.

Answer 1

You cannot start work until 1st October in your H1B status. So its better to wait until your H1B is approved, which will happen in 15 days of your receipt date (since its PP). Then get your petition amended with new LCA before your start date (October 1st).

Answer 2

In addition to what Sujith said, if USCIS issues RFE related to client/project then you will have to file new LCA and amend I-129 at that point. This is b/c you will no longer be associated w/ the old project and the new project is the new source of truth.