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H1b Amendment Issue

Discussion in 'Nonimmigrant Visa Validity' started by rajpavan2, May 4, 2015.

  1. rajpavan2

    rajpavan2 New Member

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    Hi Team,

    I have an issue with the H1b amendmnt issue.

    I work for company X. Initially worked for client A(as per lca and h1b) then moved to client B(lca filed and no amendment) and them moved to client C(lca and amendment filed).

    Now the situation is h1b amendment was approved but extended stay in us was rejected because there is no amendment filed for client B and they asked me to go to india and come in with visa stamped. So how could this affect me at visa interview, can you help me out on this as I have scheduld my visa interview in a weeks time and was bit tensed about the scenario and how would the visa officer would react for this kind of scenario..

    Thanks a lot for your help in advance

    Regards,
    Rajpavan
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just explain that you had no control over what your employer did or did not do. Until recently, the USCIS was tolerating such changes with only LCAs and your employer thought it was sufficient to just amend the LCA. My advice is don't volunteer anything. Let them ask you questions and then answer as directly and succinctly as possible.
     
  3. mnaren

    mnaren New Member

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    Hi Ron,

    I have a question regarding H1B amendment and below are the details:
    I have a approved H1B with a client letter from Client A. I also have visa on my passport valid till May 2016.
    Now i am working for client B, so if I file for an H1B amendment does my valid visa which is till May 2016 get cancelled?. I already have filed LCA for this new client B when i started with them.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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  5. mnaren

    mnaren New Member

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    Thank you for the reply Ron.
    I am reading the point in the page and one of the point mentions: The alien had not worked without authorization prior to the filing of the new petition.

    I have applied for LCA before i started with client B, but did not apply for H1B amendment till now, so does that fall under worked without authorization or my LCA is enough ?

    Please let me know.
    Naren.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on how long you worked for the new client before the petitioner filed an amendment. You should speak with the lawyer who filed this on behalf of the employer.
     
  7. mnaren

    mnaren New Member

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    Ok.
    I will check with my employer.

    Thanks again!
     
  8. mnaren

    mnaren New Member

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    Hi Ron,

    One more question, if I file for my H1B amendment, and if there is any query on my submission, am I ok to go out of the country and come back based on my valid H1B Visa stamped on my visa? Or will it create issues for me on port of entry if i have a H1B amendment in process?
    Please let me know.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you leave the U.S. while an amendment is in progress, there will only be a problem if your employer asked for more time. For example, if you have an expiration date of September 30 2016 , but your employer has, as part of the amendment, ask for an extension through May 2018, you can't leave without abandoning the extension request. If there is no extension request, they are just asking for the same expiration date as the original, you may travel and there won't be any problems.
     
  10. h12017

    h12017 New Member

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    Hi Ron,

    I have an approved H1B petition till Sept 2017. I work on Employer Vendor Client model. My H1B petition was filed for a client (X) in Florida. Then last September I moved over to California for a new client (Y). No LCA or amendment was filed by my employer for Client Y. Now in June 2015, I have moved to a new client (Z). Now my employer wants to file for the new LCA and do H1B amendment for client Z. So my questions are:

    1. Can my employer file for LCA and H1B amendment for client Z now (after I have already joined client Z. It's been a month now with client Z)?
    2. Will USCIS any way come to know that my employer did not file for LCA and H1B amendment for Client Y?

    Thank you in advance for your response.
     
  11. ashish1183

    ashish1183 New Member

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    Hi Rajpavan,

    I am also in the same situation as you. Please let me know what happened to your case.
     

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