H1b approved but extension of stay denied due to employer did not file amendment


vish0417

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hi everyone,

 

As per USICS , EOS is denied due to "Simieo Violation" ,  I moved from Original client to Client B in same MSA within 25 miles radius, as USCIS office counties have different wages and amendment should have been filed. I had check with Employer and Attorney if amendment neeeded, as per them clients are in same MSA and amendment was not needed. 

 

Now I have to go for stamping, clearly its not my fault , but I do not know what are my chances of getting visa stamped, what attorney can do in such case?

Do I have to mention this in Ds 160, my current petition still valid till jan 18 2019

Please provide your inputs.

 

Thanks in advance!

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Now a days it is advisable to do amendment eventhough it is in same MSA... My employers advised us to do and we are doing... its better to be safe than risky... I am really confused.. you applied for H1B petition or you have valid petition (with old client ) and want to go stamping with new client?

If possible do H1B amendment and go to visa stamping. If your employer do not want to do amendment.. changes employers...

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Hi, 

 

As per my lawyer it was not necessary, however we filed extension with new client, got employee employer relationship rfe, cleared the rfe and got decision as one year approval with extension of stay denied. I got I 797 A witout I94. Not sure if it every happened to anyone, I am going for stamping in delhi, wish me luck .

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