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dream16

What is h1b Amendment Process? Plz help

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Hi Guys

I am getting mixed responses from everyone, all the friends etc about what exactly is h1b amendment.

What i understand is that h1b amendment means that once you move from client 1 to client 2 and since your original i-129 (h1b) was filed using client 1 letter and details, & then as you start working at client 2 with new LCA, then technically as you go for stamping in India, your LCA (client 2) must match your I-129 [location: client 2 not client 1], so for that reason this amendment thing is done.

My employer is saying: amendment of h1b basically means re-filing the entire h1b as you need to send client letter/vendor letter/new i-129 form + $5000 (incl attorney fee) to apply all this to USCIS and then you will be able to get the new client 2 location present in your i-129.

Questions:

1. Is this true? If not, what exactly is h1b amendment?

2. How long does it take to do h1b amendment?

3. What are the costs for it?

4. Is premium processing an option?

5. Anyone here in 2011 has been able to successfully obtain an h1b stamping from India w/o h1b amendment?

6. What are the risks for h1b amendment failure? existing h1b revoke? new h1b for a shorter duration if client letter only says possible extensions and doesn't say "2 years end date"

Please advise

Thanks.

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There is no need for the fees. Also, the employer would be responsible for the fees, anyway.

An H1 amendment is require by law if you change job locations (e.g., with a different client.)

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1. Yes. It is substantially true. Basically a new LCA and a new petition if there is a material change in circumstances. Previously LCA amendments were enough for a new client with same H1 sponsor. Nowadays they require an amended LCA and a new H1 petition filing.

2. The same as any H1 petition.

3. The same as any H1 petition

4. Yes

5. There may have been. But you are risking everything by not following the procedures. Why would you not have the H1 sponsor do his job?

6. The H1 sponsor is required to follow the procedure or risk prosecution.

Let him file with PP. Pay the 1000 USD and only the I000 or so USD. Then you have a good shot at a visa if everything else is above board. The commonest reason for AP is a disconnect between the place and site of employment and the facts mentioned in the LCA and H1 petition. It would be manifestly irresponsible not to follow the required procedure.

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Thanks pontevecchio for your responses. However the employer is saying that the chances of your h1b amendment may result in your h1b denial here in america itself, as we should have done it 8 months ago when we gave you the LCA for this new location [8 months back], so USCIS now may reject your h1b visa itself when we try to file an amendment for you.

This is really scary and like a two-sided razor sword: Chances of existing h1b denial + if i don't take it and trust that on pure luck a god will come as VO and give me the stamp w/o checking for amendment

Or

If i go India and get stuck and then ask employer to do all this process--> means i am stuck there (career lost -->lost job-->depression), for atleast 4-5 months with no further guarantee.

Thank you h1b [you are worse than AIDS]

Regards

dream16

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As I understand, a new LCA and Amendment is required only if your new work location is out side of the current MSA (typically beyond normal commuting distance). Check 20 CFR 655.734 (a) (2). and 655.715 Definitions.

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Thanks bobby, i understand now, he was trying to scare me off by saying 4000$ so that i don't go to India and simply be a puppet here by continuing to be his $ machine. maximum it will be 1000 (PP) + 500 (amendment) + attorney fee = 2000$ max

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Firstly the employer pays. Hence the cost should be immaterial to you. If you want the visa your LCA and petition must reflect your actual place of work else the visa will be denied. Hence philosophical arguements about the matter do not help. Your Employer needs to follow the law. As far as mere amendments are concerned the USCIS seems to be now implying a new LCA and H1 petition must be filed if the location changes irrespective o0f the same H1 sp[onsor even though they were following a different approach in the past.

It is very simple. Go with existing docs and risk denial. Go with corrected docs and have a shot at the visa all other things being equal. If your dense employer will not help start looking elsewhere.

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Hi senior members, I need advice here on H1 amendment process. Here is my situation.

I have applied for my H1 when I was working for "Client X" in Minneapolis. Now I have changed to "Client Y" in same city Minneapolis 8 miles away. Its been more than 3 months since am working for "Client Y" . I am planning to go for H1 stamping in canada. I have a vendor between my employer and Client. Here are my questions.

1. Should I apply for H1 amendment and LCA again? I am in same city and same job profile and same salary

2. Does it have chances of rejection as its late by 3 months now.

3. What are my best options now if I want to visit India and have stamping done in Canada.

Thanks in advance,,,

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Hi guys,

 

I have a basic question:  Can an employer file H1B amendment while the initial H1B application is in process??

please share your thoughts.

 

Thanks.

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Hi guys,

 

I have a basic question:  Can an employer file H1B amendment while the initial H1B application is in process??

please share your thoughts.

 

Thanks.

Yes

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Hi guys,

 

I have a basic question:  Can an employer file H1B amendment while the initial H1B application is in process??

please share your thoughts.

 

Thanks.

Initial in the sense my assumption is visa extension applied and before its approval you are again filing an Amendment then I think Yes. How ever please check with Employer and Attorney on this.

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sthamago,,

maybe I am not clear on situation.... Applicant is currently on OPT and applied for first H1B this year in April, .. Applicant received RFE.  Can the applicant's employer file amendment to the currently under process H1B application with new LCA?

 

Thanks.

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sthamago,,

maybe I am not clear on situation.... Applicant is currently on OPT and applied for first H1B this year in April, .. Applicant received RFE.  Can the applicant's employer file amendment to the currently under process H1B application with new LCA?

 

Thanks.

Just wondering, what's her employer planning to do now??

Your eagerness tells that something is wrong with the H1 petition since you are more worried than the employer.

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Hi  All,

 

I have got H1B approved from this year quota, but there is missing information in I129.

I was on H1B earlier for continous 6 year and then when 6 yr got exhausted I returned to India and a company started my H1B process this year after I completed 365 days outside USA.

 

Actually when I got checklist of documents from my employer to send douments for H1B filing I was asked for following docs -

 

(1) Copies of all Current and/or Previous Nonimmigrant Visa Approvals [Form I-797 & I-129], if currently in the US on H1B, H-4, L-1, J-1, TN, or F-1 status.  So I was not in USA that time, I was in India and I didn't provided these informations.

 

I provided my passport but my passprt was renewed and latest passport didnt had these details. But my now sponsor already knew that I had been working in US since last 6 years.

 

Anyhow now in I-129 I see SSN (if any) field shows as N/A and table to provide beneficiary's prior stay in US on H or L status is empty as well.

 

So for this missing information should I be worried. I asked my employer and he suggests we dont need to worry as it is not "material" information to grnat H1B visa and if filing new H1B this is not mandatory information and suggested me to carry my previous I797 and related docs when I go for stamping, please advise should we file for H1B (I-129) on approved H1B before I go for stamping or I follow advise of my epmployer.

 

I wish they had change wordings used in their checklist and I had raised concern on not asking for previous I797 etc. Please help me with my query whatshould I do in order to get H1B stamped successfully without fear of jeopardizing my chances of getting any problem in GC process in future.   Thank you so much for reading my post and replying to it.

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Hi  All,

 

I have got H1B approved from this year quota, but there is missing information in I129.

I was on H1B earlier for continous 6 year and then when 6 yr got exhausted I returned to India and a company started my H1B process this year after I completed 365 days outside USA.

 

Actually when I got checklist of documents from my employer to send douments for H1B filing I was asked for following docs -

 

(1) Copies of all Current and/or Previous Nonimmigrant Visa Approvals [Form I-797 & I-129], if currently in the US on H1B, H-4, L-1, J-1, TN, or F-1 status.  So I was not in USA that time, I was in India and I didn't provided these informations.

 

I provided my passport but my passprt was renewed and latest passport didnt had these details. But my now sponsor already knew that I had been working in US since last 6 years.

 

Anyhow now in I-129 I see SSN (if any) field shows as N/A and table to provide beneficiary's prior stay in US on H or L status is empty as well.

 

So for this missing information should I be worried. I asked my employer and he suggests we dont need to worry as it is not "material" information to grnat H1B visa and if filing new H1B this is not mandatory information and suggested me to carry my previous I797 and related docs when I go for stamping, please advise should we file for H1B (I-129) on approved H1B before I go for stamping or I follow advise of my epmployer.

 

I wish they had change wordings used in their checklist and I had raised concern on not asking for previous I797 etc. Please help me with my query whatshould I do in order to get H1B stamped successfully without fear of jeopardizing my chances of getting any problem in GC process in future.   Thank you so much for reading my post and replying to it.

Hi All,

 

any advice on above is appreciated, thanks for reading my post and your suggestions.

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Hi all,

 

I have posted my question like 3-4 days back, first post needs to be approved and approval takes so long time and then post does not appear on page 1, so basically no one replies to it. I created new thread for my question still same and scene after more than 12 hrs I check it and my new thread isn't approved yet.

 

Can this process of approval can be fast so that people actually reply to the post on time and persons like me who posted question can actually get benefited out of it?

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