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kalyan60

H1B Ammendment

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My current H1B approved for till May 2023, LCA for Virginia location. Due to Covid, I haven’t moved to Virginia. My company started running paystubs from Texas location (My Current Location). I thought my employer applied for amendment, but they didn’t. I realized it very late after (10 months later), after informing them, they filed an amendment. I have been hearing that, there is a very high chance that this petition may get denied/ H1B can get revoked because of late filing.
Can you help me if there a way to rectify this situation. ?
how to respond to Justify for late amendment, if there is an RFE.?
What should if it gets denied/H1B revoked?

Can someone help me with this please. Thanks.

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H1B approval for Viriginia and payroll for Texas as per my knowledge BIG RED flag...

May 2023, LCA for Virginia location .... does this has Texas as second work location ?

Edited by gopalakrishnach

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21 hours ago, kalyan60 said:

how to respond to Justify for late amendment

You do not have to, let your employer worry about it as it's employers responsibility to maintain and file all legal paperwork and beneficiary's responsibility to remain compliant within common visa norms. 

21 hours ago, kalyan60 said:

Can you help me if there a way to rectify this situation. ?

Your employer's attorney knows this looks like already filed amendment

21 hours ago, kalyan60 said:

What should if it gets denied/H1B revoked?

change employer and file for transfer/ recapture in future date, also it depends on specifics of RFE and reason for denial. 

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22 hours ago, gopalakrishnach said:

H1B approval for Viriginia and payroll for Texas as per my knowledge BIG RED flag...

May 2023, LCA for Virginia location .... does this has Texas as second work location ?

No it does not have Texas as a second work location. Realized it lately and We filed an amendment in may adding Texas location.

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17 hours ago, Leavemessageh1b said:

You do not have to, let your employer worry about it as it's employers responsibility to maintain and file all legal paperwork and beneficiary's responsibility to remain compliant within common visa norms. 

Your employer's attorney knows this looks like already filed amendment

change employer and file for transfer/ recapture in future date, also it depends on specifics of RFE and reason for denial. 

I tried to change employer and filed a transfer. Unfortunately got an RFE asking for proof of maintaining status. New employer attorney gave me these options. 

"

  1. we respond acknowledging that the beneficiary does not have the required pay stubs as requested, as an amendment was not timely filed due to unforeseen circumstances faced by the beneficiary due to covid-19, and the circumstances were out of his control. Thus, the Petitioner on behalf of the Beneficiary requests that USCIS grant the extension requested herein nunc pro tunc.
    2. we respond to the RFE requesting for this case to be approved as a consular processing case. This would mean that he would need to depart the U.S. to obtain a H1B visa stamp at a consulate to enter the U.S. in H1B status to work for concerto card.
    3. we withdraw this case/RFE and Kalyan returns to his prior employer and awaits adjudication of the pending amendment case.

Please note, if the case is denied, we may have issues related to maintenance of status. Per discussion, please let us know how you would like to proceed.

"
I am thinking to go for options 3 and wait for result of my pending amendment case. I thought this is safe one at this point, Not sure if this is the right option. 

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On 7/14/2021 at 11:09 AM, kalyan60 said:

I am thinking to go for options 3 and wait for result of my pending amendment case. I thought this is safe one at this point, Not sure if this is the right option. 

 3 seems most optimistic choice but , status gap/maintenance of status if marked on your case it may hurt in future.

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