h1b amendment: Denial ?

[dream16]

Guys,

My model: EVC

1st h1b: 2011

My employer did not file an amendment when i changed from Client A to client B and he only filed an LCA for Client B.

Question:

1. What are the chances of an amendment approval now? [ i have been working here at new place for an year & uscis may question as of why it was not done before?]

2. My h1b currently valid for 3 years, may be denied on the above mentioned point 1 ?

3. Even if the amendment gets approved, VO can ask a question that why does your "pay stubs" show an address of living in state B where client B is there?

So based on these, especially point 3, even if i get a new job/new client/new lca/new amendment = i am still stuck with a lot of suspicion by VO? correct ?

Please advise on what should be done. My current vendor is an ****** and is not ready for me to take me as an employer as he is worried about a stupid agreement signed between my current employer and him that they cannot hire him for an year or so. [perhaps its just an excuse they are making, since i told them the truth that eventually i have to go to India soon] :(

[dream16]

Anybody please help ? Sleepless nights :( bad health :( thanks to this situation

[hatestamping]

@dream16

It was common practice previously to simply file an LCA and not amend the I-129 when one changed clients.Of late it has become mandatory that the amendment be filed. You should be able to get an amendment and explain the reason truthfully to the VO. If you are able to get all the contracts and a client letter you should be ok.

Honestly though, if you can avoid travel please do so since your model is EVC. That's my personal opinion.

[dream16]

Thanks for your inputs "hatestamping", problem is that my employer simply does NOT want to do amendment with my current client.

[hatestamping]

My friend, in that case, I am sorry to say you should NOT plan on going for stamping anywhere. It is a problem even if the clients you changed are within 2 miles of each other. But in your case, the second client is in a different state altogether, correct?

[JoeF]

Thanks for your inputs "hatestamping", problem is that my employer simply does NOT want to do amendment with my current client.

What he wants is irrelevant. He is required to file an amendment.

You may want to file a complaint with DOL on form WH4 about an H1 violation.

And I suggest you start looking for a better employer, one who follows the law.

[dream16]

@hatestamping: he wants me to join a new client anywhere in US.

@Joef: He will 100% steal my hard earned dollar once i slap and leave him. But i have to save my *** first before busting him.

[sauravbengani]

I got H1 extension till Sept 2014 while working at the client x. now i moved to client Y aound 2 months ago.

I have to go to India in Jan and have to go for stamping. I have new approved LCA for new client location. Do i need to file H1B amendment before i go for stamping?

Can i take a chance of going for the stamping without the H1B amendment and just the new LCA. Please advice.

[JoeF]

@hatestamping: he wants me to join a new client anywhere in US.

@Joef: He will 100% steal my hard earned dollar once i slap and leave him.

That's another WH4 right there... retaliation is illegal.

Employers who try to retaliate are rather unprofessional...

[tusharvk]

That's another WH4 right there... retaliation is illegal.

Employers who try to retaliate are rather unprofessional...

what I fail to understand is that in the models where the employer-employee relation is not clearly defined, why does uscis approve such petitons:?

[dream16]

Answer to tushar is: It's all a carefully planned, tactfully observed money making game deep-rooted into the political America, nobody can stop it sadly.

[JoeF]

what I fail to understand is that in the models where the employer-employee relation is not clearly defined, why does uscis approve such petitons:?

If the person has the appropriate paperwork to show the proper employer-employee relationship, it should be ok.

It is hard to show employer-employee relationship in EVC, but not impossible.

And contrary to what somebody else said, it has nothing to do with "money making". The fees don't cover USCIS' costs by a long shot.

[dream16]

If the person has the appropriate paperwork to show the proper employer-employee relationship, it should be ok.

It is hard to show employer-employee relationship in EVC, but not impossible.

And contrary to what somebody else said, it has nothing to do with "money making". The fees don't cover USCIS' costs by a long shot.

Strange, how your statements are changing overnight? A month or two ago: u declared "EVC is DEAD" and now some xyz documentation is good enough to prove it..lol.

Sounds like the reality is to play tactfully, no matter what the model is as one of my friend recently got approved in EVVC.

[JoeF]

Strange, how your statements are changing overnight? A month or two ago: u declared "EVC is DEAD" and now some xyz documentation is good enough to prove it..lol.

No, it hasn't changed at all. Please read my posts correctly.

I said "EVC is essentially dead", because in almost all cases it is not possible to show employer-employee relationship. That does not preclude the occasional outlier.

Even with some outliers, EVC continues to be essentially dead.

[dream16]

Yes, seeing it from a risk angle, EVC is for sure a death trap dead model where you have to know your ways out and play extremely well planned game.

Better risk minimization options are EC model or Full-time (sucks as pay is extremely low)

[JoeF]

Yes, seeing it from a risk angle, EVC is for sure a death trap dead model where you have to know your ways out and play extremely well planned game.

Better risk minimization options are EC model or Full-time (sucks as pay is extremely low)

Where do you get the "pay is extremely low" stuff from?

For an H1, the salary always has to be at least the prevailing wage for the job in the region where the job is located.

[chicagocsu]

I got H1 extension till Sept 2014 while working at the client x. now i moved to client Y aound 2 months ago.

I have to go to India in Jan and have to go for stamping. I have new approved LCA for new client location. Do i need to file H1B amendment before i go for stamping?

Can i take a chance of going for the stamping without the H1B amendment and just the new LCA. Please advice.

It depends. The VO who is there on that particular day if he just asks about client letter and purchase order and stops there, you might get your stamping done. If VO goes little bit further and asks for your petition or ask about where you worked before, then you will be in trouble. So no one can predict what is going to happen. It is better you file for an amendment because its just 2 months since you changed the client. State everything correctly and that should do it. I personally got into this situation in 2010. But I defended myself stating that I changed the client just before the new rule was in effect. Which was March of 2010. He kept on asking me for details until I was stuck on why I changed clients, your employer filed petition saying you will work for next 3 years with the client mentioned and argued that he knows that your position will end but still filed for 3 years. Luckily I worked with that client for 4 years. I stated our implementation was complete and project scope was reduced. No one can predict the budget and all. After 2 months of wait finally my visa was approved.

Save all this headache by filing an amendment or avoid traveling if its not urgent.

[dream16]

I would still advise everyone here to not spoil their future, get out of EVC model.

[peace_lover]

I got H1 extension till Sept 2014 while working at the client x. now i moved to client Y aound 2 months ago.

I have to go to India in Jan and have to go for stamping. I have new approved LCA for new client location. Do i need to file H1B amendment before i go for stamping?

Can i take a chance of going for the stamping without the H1B amendment and just the new LCA. Please advice.

Hi ,

@sauravbengani How did you stamping go?

Did you have to file for H1B Amendment?

I am on the same boat as you.

H1B Application Date: 25-April-2012 -> Client A

H1B Approval Date: 25-May-2012--> Client A

H1B Start Date --> 01-Oct-2011

Changed to Client B on 12-Sep-2012

New LCA was filed

New amendment was never filed.

Planning to go for stamping with the new client letter,new LCA and new vendor letter.

Only have 3 months left with this client so not sure if my employer will file for amendment?

Request anyone on the forum to provide their valuable advice.

Thanks

[peace_lover]

Hi ,

@sauravbengani How did your stamping go?

Did you have to file for H1B Amendment?

I am on the same boat as you.

H1B Application Date: 25-April-2011 -> Client A

H1B Approval Date: 25-May-2011--> Client A

H1B Start Date --> 01-Oct-2011

Changed to Client B on 12-Sep-2011

New LCA was filed

New amendment was never filed.

Planning to go for stamping with the new client letter,new LCA and new vendor letter.

Only have 3 months left with this client so not sure if my employer will file for amendment?

Request anyone on the forum to provide their valuable advice.

Sorry my dates were wrong instead of 2011 I had 2012

Thanks