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H1-b Amendment Questions

Discussion in 'Nonimmigrant Visa Validity' started by vbollu, Aug 18, 2015.

  1. vbollu

    vbollu Member

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    Hi Ron,


    I ‘m following your forum from so long and now I have got a chance to ask a question.


    I have filed my h1-b visa extension on Nov 2013 and got approved for 3 years in the company “X”. My h1-B visa got approved and is valid up to January 2017. On Nov 2014 I have moved to the other client location “Y” which is 2 miles away from the “X” and within same MSA. I have read all your answers and you have told us to file for an H1-B amendment. But my employer has not filed an amendment and still he keep saying that since job location is within same city and MSA, we don’t need to file an amendment.

    Here are my questions, can you please answer

    1) What will be happen to me if my employer don’t file an amendment

    2) I have read somewhere that when the LCA got filed before April 9, still they have a chance to file an amendment on or before January 19 2016. Is this correct?

    3) How USCIS recognizes me that this person has not filed the amendment and what are the consequences I ‘m going to face.

    4) Will I become illegal immigrant by a chance if an H1-B amendment is not filed?
     
  2. djayash

    djayash Guru

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    Gurus can correct me if I am wrong. If you are still working for the same client in a different location within the same MSA, you do not need to file an amendment. However, if you moved to a new client within the same MSA, it is a material change and you will need an amendment
     
  3. Mayur

    Mayur Well-Known Member

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    Different client -> Same MSA -> Same/similar job ==== Amendment
    Same/Different client ->Different MSA ==== LCA + Amendment
     
  4. vbollu

    vbollu Member

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  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the end client and project remain the same, you don't need an amendment. Otherwise you do.
     
  6. vbollu

    vbollu Member

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    Many many thanks ron..I don't need to file an amendment as long as I continue in the Location "Y" and works on the same project.
     
  7. Vishal_gzb

    Vishal_gzb New Member

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    Hi Ron,
    My H1B is going to expire on Jan 2016 and need extension. I entered in US Feb 2012. I have working with direct client mean my client SOW/PO with my employer and there is no layer.My I-140 is approved

    Will I need client letter in order to get my extension or just PO/SOW is sufficient to get extension?
    Am i eligible to get 3 year extension based on I-140?
    Many Thanks
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you will and you should get a three year extension.
     
  9. Vishal_gzb

    Vishal_gzb New Member

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