H1-B Amendment

[Ramachary]

Hi,

I am confused related to my H1 B Amendment, I have filled my H1 with Client A and got approved with out an RFE and I have moved to Client B within the same location of less than 50 mile radius, and now I have filled a new LCA and filled H1 B Amendment thinking of going to Home Country for visa stamping, and now i have an RFE asking additional documents.

1. Can I withdraw my H1-B Amendment RFE?

2. Can I go to home country with my approved H1(Client A) for visa stamping? by having client B client letter?

3. Is it going to be an issue if I do the above process of withdrawal when i go for stamping?

 

Please advise me on the above.

Thanks in advance.

RamaChary.

[User099]

What is the RFE about and why can't you reply to the RFE?

[gopalakrishnach]

Why can't you reply for RFE?

1. Yes

2. How can you take B letter for A stamping. Just ask yourself.

3. You can withdraw B and going A visa stamping. No issues. If they ask be prepared with answer.

[User099]

9 hours ago, gopalakrishnach said:

Why can't you reply for RFE?

1. Yes

2. How can you take B letter for A stamping. Just ask yourself.

3. You can withdraw B and going A visa stamping. No issues. If they ask be prepared with answer.

 I don't think he has the employment offer with A still active. Withdrawing B's amendment will put him out of status. 

[Ramachary]

On 2/25/2020 at 3:36 PM, User099 said:

What is the RFE about and why can't you reply to the RFE?

RFE is about Specialty occupation, SOW from Vendor which I cant get, Relation between client and vendor.

[Ramachary]

23 hours ago, gopalakrishnach said:

Why can't you reply for RFE?

1. Yes

2. How can you take B letter for A stamping. Just ask yourself.

3. You can withdraw B and going A visa stamping. No issues. If they ask be prepared with answer.

Hello Gopal,

My questions aren't clear to you sorry for that, I have an approved petition with my client A till Oct 2021 and now i have changed to client B in the same county and filled an amendment and i have received an RFE, So based on that above or my questions. As per USCIS if am in the same MSA i don't need to file my amendment which i have filled and now, and I am currently working under client B if i go for stamping when they ask me for my client I have show client B letter.

[gopalakrishnach]

14 hours ago, User099 said:

 I don't think he has the employment offer with A still active. Withdrawing B's amendment will put him out of status. 

Yeah true. Agree.

[User099]

4 hours ago, Ramachary said:

Hello Gopal,

My questions aren't clear to you sorry for that, I have an approved petition with my client A till Oct 2021 and now i have changed to client B in the same county and filled an amendment and i have received an RFE, So based on that above or my questions. As per USCIS if am in the same MSA i don't need to file my amendment which i have filled and now, and I am currently working under client B if i go for stamping when they ask me for my client I have show client B letter.

Check with your attorney to see if they recommend withdrawing the petition and what are the implications. But my opinion is that it will be risky to withdraw the amendment.

[gopalakrishnach]

On 2/27/2020 at 8:51 AM, Ramachary said:

Hello Gopal,

My questions aren't clear to you sorry for that, I have an approved petition with my client A till Oct 2021 and now i have changed to client B in the same county and filled an amendment and i have received an RFE, So based on that above or my questions. As per USCIS if am in the same MSA i don't need to file my amendment which i have filled and now, and I am currently working under client B if i go for stamping when they ask me for my client I have show client B letter.

If your H1B petition approved for client X and then you go for visa interview for that approved H1B then you have to show client X letter.

Edited February 28, 2020 by gopalakrishnach

[Ramachary]

On 2/28/2020 at 1:24 PM, gopalakrishnach said:

If your H1B petition approved for client X and then you go for visa interview for that approved H1B then you have to show client X letter.

Yes you are true in my case client X and client Y are in same location less than 50 mile radius, so amendment is required only if am planning to home country for stamping? is that true.

As per this link https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Amendment is not required if am in same county, but my only concern is what if i am planning for home country if the visa interview asks me for client i have to say client Y and my approved petition is from Client X, can i say I am still in the same MSA as per USCIS rules filing amendment is not required and can they can see my withdrawal RFE? In their status?

[gopalakrishnach]

Dude if you go to visa stamping better to have amendment. Thats general advice. Now its your personal decision to do it or not...

[shekar11#]

23 hours ago, Ramachary said:

Yes you are true in my case client X and client Y are in same location less than 50 mile radius, so amendment is required only if am planning to home country for stamping? is that true.

As per this link https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Amendment is not required if am in same county, but my only concern is what if i am planning for home country if the visa interview asks me for client i have to say client Y and my approved petition is from Client X, can i say I am still in the same MSA as per USCIS rules filing amendment is not required and can they can see my withdrawal RFE? In their status?

Your employer's attorney should be able to help you with proper documentation saying amendment is not needed.

[User099]

On 3/2/2020 at 4:17 PM, Ramachary said:

Yes you are true in my case client X and client Y are in same location less than 50 mile radius, so amendment is required only if am planning to home country for stamping? is that true.

As per this link https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Amendment is not required if am in same county, but my only concern is what if i am planning for home country if the visa interview asks me for client i have to say client Y and my approved petition is from Client X, can i say I am still in the same MSA as per USCIS rules filing amendment is not required and can they can see my withdrawal RFE? In their status?

I can understand the situation you are in. Don't bank on what the VO can or cannot see on their end.

If they ask you about the move and ask if you filed an amendment, if you say you did not then that is a lie. If you say you did and had to withdraw it, then they will ask you why. If you are working for Client B, then VO will/can ask for the same documents like Client letter from B and contract details between your employer, vendor and client. 

If the vendor is not able to offer any assistance with the documentation then it will be better to move on to a new job/client. You will run into the same issue every time you apply for an extension. You can let the vendor know to blank out the pay and other details if they are worried about it. If they can give you a letter that you work from the client and contracting thought them that should be sufficient, you don't need all the financial and legal paperwork between both parties. They should have some written contract between the 2 companies for you to work there. 

Withdrawing the current petition might work in your case as you are in the same MSA. But take some legal advice from a good attorney before making any decisions.  

 

[Ramachary]

2 hours ago, User099 said:

I can understand the situation you are in. Don't bank on what the VO can or cannot see on their end.

If they ask you about the move and ask if you filed an amendment, if you say you did not then that is a lie. If you say you did and had to withdraw it, then they will ask you why. If you are working for Client B, then VO will/can ask for the same documents like Client letter from B and contract details between your employer, vendor and client. 

If the vendor is not able to offer any assistance with the documentation then it will be better to move on to a new job/client. You will run into the same issue every time you apply for an extension. You can let the vendor know to blank out the pay and other details if they are worried about it. If they can give you a letter that you work from the client and contracting thought them that should be sufficient, you don't need all the financial and legal paperwork between both parties. They should have some written contract between the 2 companies for you to work there. 

Withdrawing the current petition might work in your case as you are in the same MSA. But take some legal advice from a good attorney before making any decisions.  

 

Thank you So much.