sman2000 Posted April 19, 2020 Report Share Posted April 19, 2020 Need advise on the below scenario to maintain H1B Status. 1. Base H1B petition Approved till Dec 2021 for Location A for Client A. Also I-94 valid till Dec 2021 2. Amendment Approved till Jun 2020 for Location B for Client B 3. Extension + Amendment filed for Location C for Client C Please confirm the possible options to maintain legal status. a) Can I go back to Location A and work for any client within 50 mile radius incase Extension + Amendment gets denied for Location C (or) Should I have to leave US Country b) Can I transfer my H1B to new employer ? Is there any timeline by which that has to be done ? Quote Link to comment
gopalakrishnach Posted April 20, 2020 Report Share Posted April 20, 2020 As per law when B is approved employer must revoke A H1B. So if A is not available you need amendment for A to move back to A. Same case for B also. For amendment depending on scenario no need to leave USA. Since I 94 is valid ( June 2020), I guess you can transfer to new employer. Quote Link to comment
User099 Posted April 20, 2020 Report Share Posted April 20, 2020 Its better to talk to an attorney as you have few options available if your petition for C gets denied. If you want to go back to A, then the petition needs to be still active. If you are changing Jobs at Location A, then its better to file an amendment. Quote Link to comment
sman2000 Posted April 21, 2020 Author Report Share Posted April 21, 2020 Thanks. By the way I am working for the same employer right from Location A till Location C. So If Location A Petition still active can I work for any client within 50 miles from the address filed. Does it need an amendment (or) Can I just move back. Please suggest. Quote Link to comment
JoeF Posted April 21, 2020 Report Share Posted April 21, 2020 (edited) 1 hour ago, sman2000 said: Thanks. By the way I am working for the same employer right from Location A till Location C. So If Location A Petition still active can I work for any client within 50 miles from the address filed. Does it need an amendment (or) Can I just move back. Please suggest. The petition is for your employer. If the client location changes, even going back to a previous location, a new LCA and H1 amendment has to be filed (and paid for by the employer, of course.) Edited April 21, 2020 by JoeF Quote Link to comment
User099 Posted April 21, 2020 Report Share Posted April 21, 2020 2 hours ago, sman2000 said: Thanks. By the way I am working for the same employer right from Location A till Location C. So If Location A Petition still active can I work for any client within 50 miles from the address filed. Does it need an amendment (or) Can I just move back. Please suggest. H1 petition is for a specific job for a specific location/s (as per LCA), if anything changes in these 2 then it will be a new LCA and New H1. Quote Link to comment
sman2000 Posted April 21, 2020 Author Report Share Posted April 21, 2020 Thanks a lot for the Info. So the only advantage I have is can go back to Location A once Amendment filed again and does not need to Leave USA incase of extension denial. Quote Link to comment
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