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H1b Amendment Questions

Discussion in 'Nonimmigrant Visa Validity' started by h12017, Jul 9, 2015.

  1. 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?
    3. Also my wife's H1 (from H4) in process. Will my H1 amendment affect my wife's H1 process at all? Do we need to file for H4 amendment as well?

    Thank you in advance for your response.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are fortunate in that the amnesty is still in effect. Your employer needs to file that amendment ASAP, there isn't a day to waste.
     
  3. justice

    justice Member

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    Ron, if we change clients now( as of today) - whats the general timeline to apply for amendment?

    I know theres amnesty till Aug, but in case the change is after Aug or it happens this week/next?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you file quickly, you will be covered even if they don't decide the case until after the deadline for filing.
     
  5. justice

    justice Member

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    and what is the timeline if the changes after Aug( say in Nov)?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you don't file before the amnesty ends, to use the legal expression you're screwed. Only the filing date matters.
     
  7. justice

    justice Member

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    Ron, i dont understand, if my client changes one year from now and i file amendment immediately( this is the timeframe i am trying to understand)- how can i be screwed?

    client and project ends all the time. the amnesty was for ppl who didnt do that till now, it will not cover future changes
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Perhaps I misunderstood. I thought you moved locations/clients without an amendment in the past?
     
  9. justice

    justice Member

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    I have changed in the past, but always amended my H1/LCA. but no change in the recent time, but in case it does come up( say next month or after or 3 months from now) - whats the general timeframe within which USCIS expects we should apply for H1 amendment?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Before you make the move.
     

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