H1B Amendment Denial

[28117]

Hi,

     I have valid H1B Visa till April 2021 for a client in location 1. My project got over and I have got a new project to a new client to different State(location2) and have filed an H1B amendment in regular filing. After few months I got RFE now. Please clarify my below questions;

1) my employer has a RFE response time window till April 6th. How long will it take for USCIS to give a decision after April 6th. Note - it is regular processing filed?

2) what will happen if my Amendment gets rejected? Am I authorized to go back to old location and work till April 2021? Or Am I considered out of status?

3) will my existing valid visa till 2021 will also get canceled if Amendment is denied?

please add clarity. Thanks.

Edited February 19, 2020 by 28117

[User099]

1. There is no set time as to how long it will take for normal processing.

2. If the old job is still available you can go back, but since the project is done with Client A how will you go back? If you go to the old location and new client, then it will be a new petition.

3. No, visa will not be cancelled. You will have to leave the country and apply for a new H1 petition and come back. You can use the old visa in your passport to travel back till its expired.

Edited February 19, 2020 by User099
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[gopalakrishnach]

1) No time-line.

2) On rejection you can go to old location since your visa is stamped. I may be wrong.

3) I guess no.

Your post title is completely misleading...