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H1b Amendment Not Filed By Previous Employer

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

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no practical difference between the two. An employer is going to file a petition with the USCIS on your behalf, asking for permission to employ you in a specific capacity at a specific location. As part of that petition, they are going to need to prove that you have not violated your status.
     
  2. Mak

    Mak New Member

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    Thanks a lot Ron :).

    I want to take your advice personally , can i contact you over your email or Phone?

    Please advice.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you may, but it is your employer that must do the heavy lifting.
     
  4. njnyguy

    njnyguy New Member

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    Hi Ron, as you are aware, USCIS has given until Aug 2015 to file amendment in good faith. Since I am no longer with my previous employer, can he still file the amendment? My current H1 is now with a different company. I added my history below from this forum topic



    History:
    "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? "
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I honestly don't know what they are going to do in cases like yours.
     
  6. goalgreen

    goalgreen Well-Known Member

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    Ron
    I have a question , if you transfer to a new employer using the old I140 and transfer is approved. You join the new employer and then a few months later the new employer has to file an amended H1B petition , however by this time the old employer revoked I140. Would there be an issue?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes. If the I-140 has been withdrawn, the USCIS would conclude that you are no longer eligible for post sixth year extensions. They won't take one back after it has been given, but if you come back to them, such as in the context of an amendment, they will likely act.
     

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