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H1b Amendment Not Filled Yet

Discussion in 'AC 21 H-1B Issues' started by Hardik Bhilota, Mar 16, 2016.

  1. Hardik Bhilota

    Hardik Bhilota New Member

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    I travelled to USA on June 06, 2014 to work with federal client of NY of my employer but after coming here my employer was informed that the project for which I was recruited is delayed. In between I got a job with their new direct client in Jersey City (Commutable distance). I requested my employer to file my H1B amendment twice last year in Jun-2015 and Sept-2015. They also sent me email saying that H1B amendment is filled and is in process.

    I have a medical emmergency and have to travel India but my H1B visa is expired on 03/12/2016 with valid I797 and I94 upto August, 2016. But my employer is now saying they might have missed filling my H1B amendment.

    What are my options here. Can we still apply for H1B amendment in premium processing with H1B ext after labor received. Or there could be some risk I am riding for H1B revocation? How would I explain USCIS that H1B amendment is not filed due to carelessness of my employer?

  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult expert immigration counsel, who can review the facts of your case in detail.

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