h1 transfer to new employer without amendment

[sai121212]

Hello -  My h1 was approved with Client A and I moved to Client B but amendment was not yet done.

 

1. I got a very good offer from Client C (direct client). If I move to Client C will there be any issue as I don't have amdnment with Client B?

 

2. What if I go for amendment with Client B. It's been an year I didn't do the amendment.

 

Thanks in advance.

[itsmeusa]

1. Yes, there will be issue. USCIS may treat your employment at Client B as unauthorized employment. You may get RFE for your work at client B in absence of amendment.

2. That will be really good idea to do amendment with client B.

[rahul412]

Hello -  My h1 was approved with Client A and I moved to Client B but amendment was not yet done.

 

1. I got a very good offer from Client C (direct client). If I move to Client C will there be any issue as I don't have amdnment with Client B?

 

2. What if I go for amendment with Client B. It's been an year I didn't do the amendment.

 

Thanks in advance.

1. Generally, for client change you should file for H1 amendment

[sai121212]

If I do the late amendment ( In my case it's already an year) do I have a chances to get RFE?

[rahul412]

If I do the late amendment ( In my case it's already an year) do I have a chances to get RFE?

It might.

[itsmeusa]

That no one could predict whether USCIS would send a RFE or not...

[sai121212]

My job responsibilities weren't changed compared to my previous project. Still, I should go for amendment for change in work location?

[itsmeusa]

As change in work location is a material change, USCIS wants H1b amendment to be filed. 

[rahul412]

My job responsibilities weren't changed compared to my previous project. Still, I should go for amendment for change in work location?

Its new client, new project and new work location. No doubt you need H1 amendment.

[sapist]

Employers wantedly not doing H1b amendments to hold the employees not going to any other employers.It is your responsibility to put the pressure on employers to file amendment. 

 

Please note that filing amendment is a risk and investment needed. 

[itsmeusa]

That's not entirely true of why employers are not doing amendments. Of course, they want to save the hassle of going to USCIS and save $325 (H-1b amendment fees :-)

 

As per laws / rules / regulations governing H1b program, it's always needed for employer to file amendment when there is a material change in earlier approved H-1b petition - like change in client, change in job responsibilities etc. However USCIS didn't enforce this rule for a long time and accepted LCA filed after such a material change. So employers also got used to this practice of not filing H-1b amendment after change in client.

 

Then, one fine day, USCIS (California CSC) woke up and started poking employers for not filing amendments. They even circulated internal notice to adjudicators. USCIS Vermont CSC loosely adopted this enforcement.

 

Then, USCIS started denying I-485 cases for not filing H-1b amendments in the past. This was a drastic slap across employers and employees together. Along with that, VOs at US consulates started denying visa if they find out that there was a change in client and no H-1b amendment on file.

 

Well, they have been just doing their duties as the law was there all along. 

 

Source - my GC lawyer gave me this explanation when my employer filed amendment late Jul-14.

[sai121212]

Do you mean if h1b amendment is missed previously there are chances that I-485 will be denied? If yes, what is the best way of filing h1b amendment for the previous projects?

 

 

Then, USCIS started denying I-485 cases for not filing H-1b amendments in the past. This was a drastic slap across employers and employees together. Along with that, VOs at US consulates started denying visa if they find out that there was a change in client and no H-1b amendment on file.

 

Well, they have been just doing their duties as the law was there all along. 

 

Source - my GC lawyer gave me this explanation when my employer filed amendment late Jul-14.

 

[itsmeusa]

Let me elaborate it little further -

The chances of denial of I-485 increase when you have missed filing H-1b amendment just before filing I-485 and you have been inside USA for more than 180 days. USCIS can consider such employment as unauthorized employment and deny I-485.

 

Please read this Murthy article - http://www.murthy.com/2011/10/07/green-card-possible-after-status-violation-245k-benefit/

 

The impact is lesser or negligible if you have missed H1b amendments in the past, but recently was able to get H1b extensions / transfers / stamping etc along with traveling out of US occasionally. Also, this is dependent on specific officer adjudicating your I-485. I have seen many of my friends who filed I-485 in Jul/Aug 2007 fiasco with no H1b amendments filed earlier got GC with no issues. Then there are handful unlucky ones who got I-485 denied as H1b amendment was not filed just before I-485 filing.

 

Like I mentioned, USCIS has woke up recently and started enforcing this H1b amendment law, it's always advisable to have H1b amendment filed now onward.

 

I hope this will clarify your question.

[itsmeusa]

Please read post - though this is not for I-485, it gives a hint of what I was trying to explain...

 

http://forum.murthy.com/index.php?/topic/46266-h1b-rfe-urgentsubmit-proof-of-previous-h1b-amendments/

[sai121212]

thank you

[sai121212]

1. Yes, there will be issue. USCIS may treat your employment at Client B as unauthorized employment. You may get RFE for your work at client B in absence of amendment.

 

I am confused with your answer. This is the scenario.

 

my h1 is with employer A and I filed this when I was with Client A. After that I had a site visit when I was at Client A and everything went well. I moved to Client B (employer A) and it's been over an year I didn't do amendment. Now, I got offer at Employer B (Direct to Client). If I change my employer from A to B then is  there any chance sof RFE or rejection for not having amendment at Client B?

[itsmeusa]

Yes, like I said, you may get a RFE.

[sai121212]

Yes, like I said, you may get a RFE.

 Ok, if i get the RFE with the new employer and suppose my petetion is rejected then will be previous h1b with old employer  which is active will still work?

[itsmeusa]

Why you are creating so many ifs and buts? We all went thru this and majority of the time, if everything is correctly documented, USCIS doesn't reject petition. So stop worrying and enjoy the ride :-)

[kpp9878]

Hi sai121212,

 

May I know what happened to your case? Did you join the new Employer B without getting RFE.

I am in a similar situation. I am already working for a new client at new location. My employer got the LCA certification done, but he is filing H1 amendment now. 

I have already got offer from new employer and they are filing H1 in PP. What is the best way to handle this?

Do I need to wait for H1 amendment to complete and then join the new employer?

Do I let both H1 transfer and H1 amendment to happen at the same time?

 

Regards

Kpp

[sathish2009]

my friend is in a similar situation. 

 

his current employer A filed an ammendment for worksite changes. Employer A is still waiting to provide the documents for an RFE he received from USCIS. While the ammendment is still in processing he got a offer from employer B and an employer C. Now both employer B and employer C have filed H1b in PP. 

 

1. Is he currently in the valid H1B status ?

2. If the h1b is approved with employer B and employer C, he would be taking up the job with employer B, in that case will be considered in valid H1B status if the employer A withdraws his h1b case.

3. Should he be notifying of the resignation to employer A.