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H1b Amendment Not Filed By Previous Employer

Discussion in 'Nonimmigrant Visa Validity' started by njnyguy, Apr 13, 2015.

  1. njnyguy

    njnyguy New Member

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    Hi Ron, my previous employer filed for H1B (start date Oct 1st 2011) and then I had to move to new client location on Nov 16th 2011. My employer filed for a new LCA but not H1B amendment. Later on March 15th 2012, the client (fortune 10 company) hired me fulltime and filed my H1B transfer. Recently, my H1B extension was also filed and approved. My PERM & I-140 have also been approved. Last month, my I-485 AOS was filed. Do you think the lack of filing H1B amendment from Nov 16th 2011 to March 15th 2012 will cause any problems with my AOS?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It could definitely cause a problem if the USCIS becomes aware of it.
     
  3. njnyguy

    njnyguy New Member

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    Thanks for the reply Ron.

    Since the period is less that 180 days, can 245(k) be applied in this scenario?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it can.
     
  5. njnyguy

    njnyguy New Member

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    It is relieving to hear it from you. Thanks a lot Ron.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you still have an unexpired H visa, you can go abroad and reenter. That will wipe out the unauthorized employment.
     
  7. njnyguy

    njnyguy New Member

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    I have not left USA since 2010, so I have never stamped H1B. Will re-entering on Advance Parole (after I get it) also wipe it out?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Do you have a valid H1B I-94? If so, you can use AVR and go to the border. Advance parole does not constitute an admission, it is parole.
     
  9. njnyguy

    njnyguy New Member

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    Can I do that now while my I-485 AOS is pending? I mean, does it still wipe the slate clean?
     
    Last edited: Apr 13, 2015
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can.
     
  11. Mak

    Mak New Member

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    Hi Ron,

    Am not able to initiate a new thread, thats why posting on this.

    Actually it is regarding H1B amendment and H1B transfer at same time.

    Let me brief you about my case. I came to USA on 30th Dec 2014 and applied for SSN on 31st Dec 2014 and got my SSN on 15th Jan 2015.

    I was on bench from Jan 2015 till March 8 2015.

    I got the project and started working for Client A on location L. My Employer filed new LCA before joining that project.

    Model is :

    My Employer-> Venodr 1-> Vendor->2->Implementation Partner->End Client .

    Now it is almost 2 months and i got my 1st paystub with new location and my employer has dedeuted the Tax on basis of new location.

    Now my employer wants to file my H1B amendment.

    And i want to join Vendor1 on same project.

    New Model

    Venodr 1(Employer)-> Vendor->2->Implementation Partner->End Client .

    Is it totally safe to file H1B amendment and H1B transfer on the same time.

    Really need you assistance for better understing of legal matters.

    Thanks
     
  12. Mak

    Mak New Member

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    Please suggest Ron.

    Can i go for H1B transfer without H1B amendment.

    Please advice.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As a result of the bench time, you went out of status. The unauthorized move also violated your status. You need to sit down with expert counsel to figure out how to resolve your situation.
     
  14. Mak

    Mak New Member

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    Hi Ron,

    Thanks a lot for quick response.

    But my employer paid me the minimum bench salary and am having the paystub for that period as well.

    Please suugest me on this:

    I got the project and started working for Client A on location L. My Employer filed new LCA before joining that project.

    Model is :

    My Employer-> Venodr 1-> Vendor->2->Implementation Partner->End Client .

    Now it is almost 2 months and i got my paystub with new location and my employer has dedeuted the Tax on basis of new location.

    Now my employer wants to file my H1B amendment.

    And i want to join Vendor1 on same project.

    New Model

    Venodr 1(Employer)-> Vendor->2->Implementation Partner->End Client .

    Is it totally safe to file H1B amendment and H1B transfer on the same time.

    Or i can skip the Amendment and go for H1B transfer ?


    Really need you assistance for better understing of legal matters.

    Thanks
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Did you work at the new location before an amendment was filed? If so, that's a violation.
     
  16. Mak

    Mak New Member

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    Yes, my employer filed a New LCA before sending me to the project and now almost after 45 days they are going for H1B amendment.

    So is there Risk involve in this now?

    Can i go for H1B transfer skipping the H1B amendment.

    Please advice
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You and your employer really need to consult with an attorney before you proceed. This is a very complex matter.
     
  18. Mak

    Mak New Member

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    Thanks Ron for your advice.

    Can i skip H1B amendment and go for H1B transfer.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All H1B petition filings are the same. The USCIS treats each as though it were a new petition, irrespective of whether it is an amendment to an existing petition, an extension, or a change of employer.
     
  20. Mak

    Mak New Member

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    Thanks a lot Ron :)

    But still in confusion very sorry, so by your answer, can i say that i can go for the h1b transfer by skipping the h1b amendment.

    Please advice.
     

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