Amendment takes 1 year

[Sudhasekhar]

 

I am on H1B, work as consultant/contractor, and my current 797 is till Nov 2019.  But my employer filed an amendment since I moved to a new client in Dec 2017. Amendment was filed 12/01/2017 and it came back with RFE in May 2018. 'Client Letter' was given stating current agreement is till Dec 2018 but the fact that project is ongoing and will be extended from time to time.

Employer responded to RFE in July and by July 5th USCIS confirms received required evidence. Since then till now, there is no status update from USCIS, they are still processing it.  Come Dec 2018 it would be 1 year since amendment was filed.

1. If RFE comes rejected will I still be in status since my 797 is till Nov 2019 ?

2. Should I wait for RFE verdict, or Can/should I try filing another amendment using some other client in parallel so that if RFE verdict comes rejected we have this second amendment in process and I stay employed ?

3. Instead of contracting if I go for fulltime job, will that new employer be able to file my H1 in premium ?

4. My G.C. is at I-140 approved from current employer, so if I switch to fulltime now, will I lose anything on my G.C. process ?, will my current employer be able to cancel my I-140 ?

[Gunner]

Hi Sudhasekhar,

I am in the same boat. My amendment was filed during first week of Jan and RFE responded in July with end date as 12/30, but yet to receive response.

Did you find out answers to your questions? 

[Mr.XR]

Hi, I am also in same situation. My amendment was filed on 12/14/18 and got RFE in APR, RFE was responded without client letter on 20th June. USCIS did not responded yet. My i94 is expiring in Dec-18. No idea what to do now. Its almost one year now. It was filed in California location. Since June 20th, USCIS has not updated anything on my status.

Did you guys got any update, please let me know.

[LawRule]

My H1B Transfer application was filed in Aug2017 and RFE responded in Oct2017 (13 Months). There is no any update on my Transfer case from last 13 months. Meanwhile, my employer filed an amendment and as well as extension based on I-140 during Sep 2018.  My I-94 is expired in Sep 2018.

How long should I wait for Transfer approval? Any suggestion for further steps?