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H1b Amendment Denied.can I Still Travel With My Original Petition ?

Discussion in 'Nonimmigrant Visa Applications' started by Kumaragurubaran, Dec 10, 2015.

  1. Kumaragurubaran

    Kumaragurubaran New Member

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    Hi,

    I got my H1B visa stamped in March 2015 and currently located in India. Havent travalled yet with my visa. Have applied for an amendment for client and location change and it got DENIED.

    Can i still travel with my original petition ?

    Thanks,
    Kumar
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, as long as you will be returning to the job described in the original petition. Otherwise, no.
     
  3. donisback

    donisback Guru

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    @Ron Gotcher : What is is the status for this H1b holder when an amendment gets denied and the original petition is no longer valid . Does he go out of status immediately and even his i-94 becomes invalid. Does it terminate because his original petition is also no longer valid.
    I guess the question is if the underlying LCA in he original apporved petition is no longer valid, does it nullify the i-94 validity. ?

    Any had this situation ??
     
  4. Greeeeencard

    Greeeeencard Guru

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    Since OP never traveled to US, it seems like a fresh H-1B from outside US under the quota. Now, it seems like the original project is no longer having a position for OP, and that is why his/her employer might have amended his/her petition for another client location, for another project. Since that a amendment has been denied, OIP can't travel yet.

    My opinoin would be: To file a fresh H-1 for any new client project (not just amendment), that new H1 would be cap-exempt, since OP already have H1B under quota.

    OP: What was the reason mentioned for amendment denial?
     
  5. Eren Yildirim

    Eren Yildirim Attorney at Law

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    If by no longer valid you mean the beneficiary will not be returning to the position in the initial petition, then when the amendment is denied, the beneficiary cannot work in the position detailed in the amendment, and cannot return to the initial position, meaning the beneficiary is not working. If the beneficiary is not working, they are out of status, but not in unlawful stay if the I-94 is valid. The I-94 would have to be separately revoked--it's not revoked just because the amendment is denied.
     

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