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485-ead Application - H1b Amendment

Discussion in 'Nonimmigrant Visa Validity' started by aria.bull@gmail.com, Sep 17, 2015.

  1. aria.bull@gmail.com

    aria.bull@gmail.com Junior Member

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    Hi,

    I have a situation here.

    1- My priority date is current in this Visa bulletin.
    2- I work for a consulting company which does not amend my H1B visa based on change of client rather only submit LCA prior to the new rule got implemented. As i am continuing with same client before this new rule is implemented, so they did not amend my H1B.
    3- Now when i am filing my application for EAD-485, Lawyer is recomending that it is mandatory to have H1B application amende with latest client information. My H1B application was approved last year with previous client. Now as per them, without amended H1B petition, they can not file my 485 case.

    My question to the people who files 485, is this mandatory to amend H1B with latest client information to file 485? Any input is highly appreciated.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with expert immigration counsel before you file. It could be that you have already accumulated more than 180 days of unlawful status since your last admission.
     
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  3. aria.bull@gmail.com

    aria.bull@gmail.com Junior Member

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    So Ron, bear with me if i am asking too many questions. But was it mandatory to amend the H1B petition for each client change before the H1B amendment rule is implemented? Employer mentioned that it was not mandatory, so they never ever applied it.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it was, but the USCIS didn't enforce it. They offered an amnesty, which expired last month, but never firmly committed to forgiving earlier violations for which no late amendment was ever filed.
     
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  5. aria.bull@gmail.com

    aria.bull@gmail.com Junior Member

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    Thanks Ron. Now i contacted to your office, and started working with your team. Thanks for your feedback.
     

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