H1 B Amendment ?

[gopalakrishnach]

Hi All,

I have a question regarding Amendment for H1B. What exactly is amendment ?.

I am a contractor

I applied for my H1B when using client letter XX in 2010 and in Jan 2011 I got H1B with end date Oct 2013.

After that in Feb 2011, I moved client YY and in Oct 2011 I moved to client ZZ.

Now, I am planning to go to Canada ( Vancouver ) for my H1B stamping.

I told this to my employer and he said we need to do amendment. I provided them all the required documents client letter from ZZ.

There was some miscommunication and I felt all the amendment processing is done. I filled up DS 160 and took an appointment on Feb 24.

Today, I called my lawyer and they said that they have applied for LCA and once they get certified LCA they will apply for H1 B premium processing and until then I need to wait. I am not worried that I will miss Feb 24 date, I can postpone it.

But I want to know what exactly H1B amendment is?

[MayEB2I]

Any changes done to the information you provided while applying for H1 will be considered as amendment.

[Chitown01]

Whenever there is a Material change in your employment, an amendment is required. So when your original H1 was filed, your client location and job responsibilities might be different from the one at client zzzzzz, so they will have to file amendment.

It's kind of the applying for h1 again but with NEW and/or Additional information due to change employment. Same process just different classification on I-129. Chances of RFE are high as well....

you can obviously postpone your stamping interview date.

[gopalakrishnach]

Thank you very much for replies. Now, I understood what amendment is. I am waiting for process to complete.

On 01/20/2012, my lawyer applied for LCA. So can anyobdy tell me how much time I need for my H1 to be approved.

As I said, I can postpone my Feb 24 date. Just want to know how much chances are there for me to attend that interview.

[Chitown01]

LCA takes 5-7 days for approval

Then your attorney will take 2-3 days to apply

Once packet reaches it takes 2-3 for receipt number generation.

If Premium Processing -

You will get receipt number in email in 2 days

Approval/RFE/Denial in 15 days

If Regular Processing -

You will get receipt in 2-4 weeks

Appoval/RFE/Denial in 2-4 months

DO PREMIUM PROCESSING... since you have deadline issues.

[MayEB2I]

I have a similar issue and I checked with my lawyer.

I got my H1 approved earlier this month with client AA and I got 3 year extension. Until Jan 2015.

My project might end in a few months and I am planning to move to client BB probably in April.

After looking at this post (thanks to ultimatewarrior ), I asked my lawyer if I needed H1 amendment. She told me that though the "process" requires amendment, we should be fine as long as we get an LCA for the new client.

The only difference between ultimatewarrior's requirement and mine is that I am not going for H1 stamping.

What do you guys think on what my lawyer said?

Is amendment required bcos one is going for stamping?

[Chitown01]

Technically amendment is REQUIRED...

If you decide to just get LCA and in new future you go for Stamping... They will surely issue you 221 g stating Amendment is required and you will be stuck till there is approval to the amendment....

Better to get amendment done.... As long as client is issuing letter and wage is greater than prevailing wage... get it done.

[gopalakrishnach]

Thanks to all for the replies. I applied for H1 B amendment on Feb 2 2012 and I got approval on Feb 8 2012. I guess I can meet my Feb 24 interview date, If anyone is planning for Feb 24 please contact me.

[gopalakrishnach]

I booked my ticket for Feb 23. I have interview on Feb 24.

[MayEB2I]

That was fast...did you apply in Premium?

[MayEB2I]

I booked my ticket for Feb 23. I have interview on Feb 24.

Good Luck dude