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Attorney_22

H1B Amendments

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This week, Murthy Law Firm attorneys will answer questions regarding H1B amendments.     

 

Rules for Topic of the Week Threads:

  1.  Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
  2.  The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
  3.  The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4.  Please do not provide information which would identify any specific company, university or individual.

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Hi,

While filing an amendment/extension for H1B, can an RFE or NTA be issued based on my past Dismissed domestic violence record? 

Also, can you please tell me if criminal background check will be done during H1B amendment/extension?

Are there possibilities to issue NTA due to my Dismissed domestic violence record?

And also can they revoke my current visa as well due to the Dismissed domestic violence record? 

Please suggest.

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Hello,

Is it possible to extend the H1B status beyond 6 years with an approved I-140 from a previous employer to a new employer? Currently working with old employer but plan to move to new employer in absence of project work and h1b 6 year period is about to expire soon.

Please advise.

Thanks,

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In 2017 (H1B Extension Approved):
  I have an approved H1B extension and I-94 valid till SEP-2020 with the Employer [E1] filed while working through Vendor [V1] for Client [C1] in Location [L1].

In 2018 (New H1B Amendment Denied):
  Currently, I am working with the same Employer [E1] but for a different Client [C2] in Location [L2] through vendor [V2]. My employer filed my H1B Amendment for this Client [C2] which landed in RFE and eventually ended up in denial. Currently waiting for denial response document from USCIS.

Note:  Locations [L1] and [L2] are from different states.

My questions:

  1. Can I move back to location [L1] (for which my latest H1B extension was approved) and work for the Client [C2] from there?
  2. If the answer to the above Question is 'YES', then should my Employer [E1], file a new LCA for this Location [L1] again or am I good to continue with my original LCA that was filed for previous Client’s [C1] location of work?
  3. How long should I wait before I can re-file the H1B amendment for current Client [C2]? 

Thanks and keep up this great effort,

Guest

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Hello Everyone,

I have a few questions regarding H1B Amendment, can you please help me with them

I have a h1b extension approved from client A location 1 and I moved to client B location 2 and filed an amendment which got denied. My questions is

(1) If I reapply for my amendment for client B and while that is in process if I go back to client A where I have an approved h1b, can I withdraw my amendment from client B without any issues?

(2) And while the amendment  withdrawal is in process for client B, can I go for visa stamping with an approved i797 from client A? Will there be any issues that can come up during the visa interview?

(3) Should I wait for the amendment withdrawal process to complete before I go for my stamping? 

 

Please let me know. Thank You.

 

Regards,

Ram

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Hello,

 

Here are my questions regarding H1B Amendment process

  1. Does the amendment needs to be approved before I can start the work at the new site or Filing the amendment is enough to start the work?
  2. What’s the shortest amount of time, a consultant can work at a new client site without requiring to file amendment? I mean if I need to work at a site for less than 4 weeks (or similar short term), does the amendment still required?
  3. Scenario where a consultant doesn’t reside at a client work area or file taxes there, but travel to client site Monday to Thursday once in every few weeks and work from home on other weeks. Does this legally be termed as a work site and require amendment?

Your response and clarifications are much appreciated. Thanks much for keeping the immigrant community informed.

Regards,

Prabhu

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On 12/21/2018 at 12:27 AM, abcxyz123789 said:

Hi,

While filing an amendment/extension for H1B, can an RFE or NTA be issued based on my past Dismissed domestic violence record? 

Also, can you please tell me if criminal background check will be done during H1B amendment/extension?

Are there possibilities to issue NTA due to my Dismissed domestic violence record?

And also can they revoke my current visa as well due to the Dismissed domestic violence record? 

Please suggest.

You should schedule a consultation with an attorney to determine what immigration impact this may have. 

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On 12/21/2018 at 4:18 PM, SPAJ said:

Hello,

Is it possible to extend the H1B status beyond 6 years with an approved I-140 from a previous employer to a new employer? Currently working with old employer but plan to move to new employer in absence of project work and h1b 6 year period is about to expire soon.

Please advise.

Thanks,

Yes, even though it is from a previous employer, it still generally may be used for purposes of extending stating beyond the 6-year max.

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On 12/21/2018 at 6:43 PM, H1B-Candidate said:

In 2017 (H1B Extension Approved):
  I have an approved H1B extension and I-94 valid till SEP-2020 with the Employer [E1] filed while working through Vendor [V1] for Client [C1] in Location [L1].

In 2018 (New H1B Amendment Denied):
  Currently, I am working with the same Employer [E1] but for a different Client [C2] in Location [L2] through vendor [V2]. My employer filed my H1B Amendment for this Client [C2] which landed in RFE and eventually ended up in denial. Currently waiting for denial response document from USCIS.

Note:  Locations [L1] and [L2] are from different states.

My questions:

  1. Can I move back to location [L1] (for which my latest H1B extension was approved) and work for the Client [C2] from there?
  2. If the answer to the above Question is 'YES', then should my Employer [E1], file a new LCA for this Location [L1] again or am I good to continue with my original LCA that was filed for previous Client’s [C1] location of work?
  3. How long should I wait before I can re-file the H1B amendment for current Client [C2]? 

Thanks and keep up this great effort,

Guest

Generally speaking, so long as the previous petition is still valid, one may move back to work pursuant to that H1B petition. (i.e. Work at the location/client indicated in the petition that was approved.) There is no set amount of time one must wait to file another amendment; but, one obviously should be able to address the deficiencies in the denied petition. 

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On 12/25/2018 at 7:35 PM, PrabhuChinnasamy said:

Hello,

 

Here are my questions regarding H1B Amendment process

  1. Does the amendment needs to be approved before I can start the work at the new site or Filing the amendment is enough to start the work?
  2. What’s the shortest amount of time, a consultant can work at a new client site without requiring to file amendment? I mean if I need to work at a site for less than 4 weeks (or similar short term), does the amendment still required?
  3. Scenario where a consultant doesn’t reside at a client work area or file taxes there, but travel to client site Monday to Thursday once in every few weeks and work from home on other weeks. Does this legally be termed as a work site and require amendment?

Your response and clarifications are much appreciated. Thanks much for keeping the immigrant community informed.

Regards,

Prabhu

There are special provisions for short-term work assignments. But, the issue can get complicated. You should discuss this matter with your employer's immigration attorney.

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I have an approved H1B extension and I-94 valid till March-2019 with the Employer A filed while working for Client X1 in Location L1

Currently, I am working with the same Employer but for a different Client X2 in Location L2. My employer filed my H1B Amendment for this Client X2 which landed in RFE and eventually ended up in denial. Currently waiting for denial response document from USCIS.

My questions:

Can I reapply for the Client X2 while stay at Location L2 or Do I need to go back to Location L1 and reapply for Client X2 again. And start work for Client X2 after filing done?
What if my employer not willing to do refiling? Should I fall under 60 grace period? Can I transfer my H1 to new Employer?

Edited by krb2112

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Greetings - 

Below is my HIB scenario:

My employer received an RFE (in summer 2018) for my H1B amendment, he replied to the RFE (in August 2018) within the given time. We have not received any sort of response from USCIS(California service center) till date. My I-94 is valid thru May 2019.

I truly appreciate if you could suggest me all the viable options that I have in front of me to be on a safer side.

Highest Regards,

MSVR.

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On 1/4/2019 at 2:52 PM, krb2112 said:

I have an approved H1B extension and I-94 valid till March-2019 with the Employer A filed while working for Client X1 in Location L1

Currently, I am working with the same Employer but for a different Client X2 in Location L2. My employer filed my H1B Amendment for this Client X2 which landed in RFE and eventually ended up in denial. Currently waiting for denial response document from USCIS.

My questions:

Can I reapply for the Client X2 while stay at Location L2 or Do I need to go back to Location L1 and reapply for Client X2 again. And start work for Client X2 after filing done?
What if my employer not willing to do refiling? Should I fall under 60 grace period? Can I transfer my H1 to new Employer?

If an H1B petition was denied for a new client/location, you should not have H1B work authorization for that new client/location. However, since your questions a circumstance specific, it is advisable to call our office and speak to one of our attorneys who can advise you properly based on your personal situation.   

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11 hours ago, msvr01 said:

Greetings - 

Below is my HIB scenario:

My employer received an RFE (in summer 2018) for my H1B amendment, he replied to the RFE (in August 2018) within the given time. We have not received any sort of response from USCIS(California service center) till date. My I-94 is valid thru May 2019.

I truly appreciate if you could suggest me all the viable options that I have in front of me to be on a safer side.

Highest Regards,

MSVR.

Call our office to discuss your personal circumstances and any options available to you. 

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On 1/8/2019 at 9:41 AM, Attorney_22 said:

Call our office to discuss your personal circumstances and any options available to you. 

Thank You for getting back to my question, sure I will reach out to your office for further consultation.

Highest Regards,

MSVR

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Hi Team,

 

My H1B extension cum amendment was filed in April 2018, i received an RFE(specialty occupation ) in Nov and response was filed in Dec. I have not yet received any decision on my case and my 240 days of stay is expiring on Feb 2nd.

Few other members in my team from different organization had a similar case where their 240 days stay expired however they were informed by their immigration team  from their organization that they can continue to work even after their 240 days as their case was amendment cum extension till there is a decision received on their case.

The below was provided y their immigration team:

The immigration regulations at 8 CFR 214.2(h)(2)(i)(H) and 8 CFR 274a.12(b)(9) provide for H-1B employees to remain and work in the U.S. until USCIS issues a final decision on timely filed H-1B amendment combined with extension of stay petitions”

Can you please confirm if this is correct and will I will be able to work after 240 days expiration.

Thanks!

Edited by Siddharth Shankar Asapu

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Hi All,

I am currently working for Employer A full time and got my H1 Approved from Location A (Valid till Sep 2021 with a valid I94). I relocated to location B and H-1B Amendment has been filed. I have received an RFE and the response has been submitted. (Asked for detailed Job description)

1. There has been a site visit to location A twice on Jan 9 ( I was on vacation and my employer informed i was OOO, Jan 13 - Officer wanted to interview me and was told i am transferred) - What is the impact of this no show on my H-1B?

2. I have a full time offer from employer B at location B and is ready to initiate my transfer - Would my existing RFE have any effect on this?

3. What are the chances on NOID with above scenarios?

4. If my RFE is denied, would it have any impact on original H-1B petition? - What are the next steps if denied?

5. Is there a specific time interval within which i should initiate my H-1 Transfer to employer B before/after denial?

Any help on these questions would be really helpful

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Hi,

My h1b amendment got denied recently after rfe but my i-94 is still valid till Aug 2019. My current project is going to end soon in a month .What are my options now?

1. Can I work for other contract job with same employer?

2. Do h1b transfer to another employer?

What option is most recommended and safe?

Edited by Kumar3

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Hello:

  • I had a valid H1B Extension approved till March 2019 (I-94 valid till March 2019)
  • Due to a location change(California to PA), H1B Amendment was filed in May 2018.
    • It got approved on Jan 8th, 2019 but with a validity only until 31st Dec 2018.
    • An I94 was also present at the bottom of the form with an expiry date of 10th Jan 2019 ( I guess they gave 10 day grace period).

Can you please let me know whether I am out-of-status now? My employer indicated that he will soon (by Jan end) file for H1B extension. Please let me know if my stay is legal until then? 

Thanks for your time!

Regards

Raj

 

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Hello:

  • I had a valid H1B Extension approved till August 2020 (I-94 valid till August 2020)
  • Due to a location change(NJ to AZ), H1B Amendment was filed in June 2018.
    • It got approved and Notice sent on on Jan 30th, 2019 but with a validity only until 31st Dec 2018.
    • An I94(which is same number from previous H1-B) was also present at the bottom of the form with an expiry date of 10th Jan 2019 ( I guess they gave 10 day grace period).

Can you please let me know whether I am out-of-status now? My employer indicated that he will soon (by Feb mid) file for H1B extension. Please let me know if my stay is legal until then or I need to leave india immediately??

 I never been to stamping once i got H1-B approved from F-1 status on Nov 2017. My current project extended till Dec 2019 where i got amendment approval for same client till Dec 2018.

Thanks for your time!

Thanks,

Sindhu

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Hi,

I am a doctor from India going to USA on h1b visa for 1year fellowship.

I have got multiple fellowship offers from multiple universities . I have decided not to choose any ONE till my H1b visa is approved.

 

Can multiple CAP EXEMPT h1b visas be filed in my name by these universities? 

Can I choose my final university (and say no to the other universities) after getting multiple H1b visas? 

 

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 I applied my H-1B Amendment + Extension on May 25,2019.

My I94  expired on June 30, 2018

I got an RFE on Dec 12 2018.The RFE is yet to submit.

My 240 days after I94 expiry ends on Feb 24 2018.

My RFE reply is yet to be filled.My employer says "mine is H-1B Amendment + Extension so i can stay as long as the case is pending.

240 day rule applies only to H1-B extension without any change.

Could anyone please confirm i can stay beyond 240 days in the case of H1b extension+amendment

Appreciate your valuable inputs.

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Hello, 

Require guidance on the following. 

I'm currently on my 9th year of H1B with an approved I-140. My H1B is until May 2019 and I'm due for an extension. 

While the extension request will be for 3 yrs, given below are 3 situations;

a) If within those 3 yrs, I happen to be working at another location for 1 year, would it still require an H1B amendment? And the amendment would be for 3 yrs as well? (another location is in a different state from the primary work location)

b) If as part of the current H1B extension, we do end up including the other location in my application along with the primary work location, as a future possibility of a work location, is that something which is recommended? Essentially to avoid the spend on an H1B amendment, if feasible. 

c) Given scenario (b) if both locations are included in my H1B extension, but for any reason if I don't end up working from the other location, would that be considered ok? 

Thank you in advance

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Hi All,

I have my H1 Visa stamped with my old employer till next year April, and currently, I have moved to a new employer and transfer has been filed and it is still in progress state. I need to travel to India during April, could you please let me know if

->I can travel to India before the approval process completion? 

-> if at all if I travel whether I can come back to the US when the process is still in progress state or I need to wait in India till it gets approved completely?

->Will there be any other legal immigration issues? Kindly please advise and let me know any information will be a great help.

 

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