H1B amendment & Visa Stamping question- urgent help needed

ramasri9999

By ramasri9999,
in H1B : Visa Stamp

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ramasri9999 Newbie

ramasri9999

Posted
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My H1B extension got started from September 1st 2011 when I was at the previous client location project. After 2 months, I moved to new client location in different state and my employer changed my LCA to new location and he hasn't applied for any H1B amendment.

Looks like recently he started my H1B amendment premium process and I have an emergency where I would like to travel outside the country in a week and attend my H1B extension visa interview. He told that there wouldn't be any issues with this because my employer gives me the new amendment receipt number and all that information. Is this ok to attend H1B stamping with amendment receipt number or will there be any problem with this? Could you please let me know.

Thanks.

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Jersey_Boy Newbie

Jersey_Boy

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I had the same question a month ago and my Lawyer said I cannot leave country as there will be a discrepancy with I-94 if leave while a petition is in process and that petition will automatically be revoked. Amendment is same as H1 initial petition. and more over you will have to use the new I-797 to consulate/ in DS forms. I strongly recommend not to go before its approved.

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ramasri9999 Newbie

ramasri9999

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Hi Jersey _Boy,

Thanks for your reply. I asked my lawyer and here is the response I got from them.

Although employers these days seem to believe it is necessary to send an amendment under these circumstances, it is not required by law or regulation. I don't see any issues with the amendment whether it is approved in time for your appointment or not. Please let me know.

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ramasri9999 Newbie

ramasri9999

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Thanks Ultimatewarrior.

I have one more concern like If we get H1B amendment approval before I go to my H1B visa, while filling DS 160 form, which Petition Number I need to use? Is it original I797 petition number which approved before or the amendment petition number? Because I feel if we use amendment petition number, there will be problem with PIMS update. Please let me know.

Thanks.

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raaj786 Advanced Member

raaj786

Posted
Posted

RamaSri,

H1 Ammendment is actually required by the law once we change client .. but most employers dont follow it though... I spoke to my lawyer and he said changing LCA is more than enough.. I recently Went to stampingin Ottawa and the VO looked at my LCA and I-129 even though its different client s he didn't ask me anything about it but checked my client letter twice ... Also if u have already applied for h1 ammendment and still in processing better not leave the country .. again .. if u go there wont be any problem bcz USCIS don't know where u are... so mean while if u go to India and lets say if ur h1 approved again ask ur company to ship the new i-797 to ur home in INDIA Via fedex or DHL where u can track it ... and then go for the stamping in INDIA and yes if u get a new i-797 u have to use all the info from the NEW i-797 , but u need to carry both of them to the consulate just in case if the VO asks u about the old i-797 ...Also these days they are updating PIMS pretty fast.. also in ur case u already have an h1 visa so ur file will already be in the PIMS ... they wont bother about the client ... all they need is to see you in the system

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hn2605 Advanced Member

hn2605

Posted
Posted

raaj786 -

When did you go for stamping ? and did you get new LCA or amended LCA ?

What model EC or EVC ? Please share youe experience.

I'm in the same situation, changed client (with in 50 miles, same resident address) and my employer gave me new amended LCA, wants to go for stamping in Ottawa but confused whether to do H1B amendment or not.

Please share youe experience.

Thanks,

HN2605

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harishkaj Newbie

harishkaj

Posted
Posted

hi hn2605,

I was also on the same boat, client address got changed with in 30 miles and no amendment was done.

I went to Ottawa on feb 22 with new LCA(submitted the old one only) ,Got white 221g for further review and got approved in 2 weeks after client verification.

They are not bothered about the amendment(I guess in canada they are verifying only the Employer- Employment relationship).

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hn2605 Advanced Member

hn2605

Posted
Posted

Thanks Harish and Raaj786 for the replies..

Does your new LCA have exactly same information (Title and salary) as the old one. ?

In my case, I have my position Title changed at new Client location, systems analyst to systems Engineer, Doing same job.. but different clients have different titles.. :( On my client letter it is Systems Engineer but amended LCA has systems Analyst, also I have salary change on new/amended LCA. What u guys think.. DO I need H1B amendment ?

Thanks,

HN2605

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raaj786 Advanced Member

raaj786

Posted
Posted

Thanks Harish and Raaj786 for the replies..

Does your new LCA have exactly same information (Title and salary) as the old one. ?

In my case, I have my position Title changed at new Client location, systems analyst to systems Engineer, Doing same job.. but different clients have different titles.. :( On my client letter it is Systems Engineer but amended LCA has systems Analyst, also I have salary change on new/amended LCA. What u guys think.. DO I need H1B amendment ?

Thanks,

HN2605

Thanks Harish and Raaj786 for the replies..

Does your new LCA have exactly same information (Title and salary) as the old one. ?

In my case, I have my position Title changed at new Client location, systems analyst to systems Engineer, Doing same job.. but different clients have different titles.. :( On my client letter it is Systems Engineer but amended LCA has systems Analyst, also I have salary change on new/amended LCA. What u guys think.. DO I need H1B amendment ?

Thanks,

HN2605

Hey ,,

As far as I know... The Title in Client /Employer/ vendor - letters should match the title in LCA.. I have seen cases where the titles were not matched and candidates got 221g .... so if ur emp can ammend ur LCA and re apply with ur New title that would be Ideal . No it don't need be like the same in OLD LCA but make sure the New LCA title matches ur Client and Emp Letters... We know what Sys Engineer is and System Analyst is which is close since we are in IT...but the VO don't know the difference ... all he look in same title name... so better be safe than sorry ... With New Salary on LCA won't be a problem...provided you have the same amount on ur pay cheque's , Also it's better if you carry an employer letter with the salary Hike.. usually emp will send an revised offer letter.. if you have that ,,, even if VO asks u a question about that you can show him the revised offer .....

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raaj786 Advanced Member

raaj786

Posted
Posted

Hey Raj,

I want to check something with you. Do you mind sharing your email? You can reach me at rishuranjan at teh rate google dot com.

Hey Raj,

I want to check something with you. Do you mind sharing your email? You can reach me at rishuranjan at teh rate google dot com.

Rishu ,,

Whats your question ?

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SKA78 Newbie

SKA78

Posted
Posted

After being in the same situation myself.... and looking at different responses on this topic from different people.... i took the risk of attending my visa interview at Vancouver today without having an amended h1b petetion. When the VO asked for I29 and along with it the LCA, i gave her the most recent LCA. she just flipped through the pages of I129 and glanced at my LCA.

She did not care to ask me anything about my previous gigs at other clients nor LCA's associated with them. I got through the interview and got my visa approved.

My two cents... Cheers!

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babu99 Member

babu99

Posted
Posted

guys i have one issue with my LCA..

My last two digits in the LCA was wrongly placed like 65240 instead of 65254.but my vendor letter and client letters is having like 65254.

I'm attending stamping next week,just caught up the issue now.

Please advise.

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vikasgupta79 Newbie

vikasgupta79

Posted
Posted

I have applied for H1B - Visa stamping at Mumbai, India consulate & my interview date is 9th Apr 2012.

I am not sure but, I think I mistakenly entered wrong "Application Number/Petition number" for H1B in DS-160 online form.

I had approved & valid H1B petition (Original Petition) for different state in US which I got amended (New Amended Petition) due to change in my state of employment in US & change in nature of responsibilities. While filling DS-160 form I have entered "Original Petition" receipt number instead of "New Amended Petition" receipt number. I am not sure if its mistake or not.

Questions:

1. Is it mistake to enter "Original Petition" receipt number instead of "New Amended Petition" receipt number, even thou both petition validity dates are same?

2. What are my options?

I request you to please help & provide your guidance in this respect.

Thanks.

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  • 1 month later...
  • 2 months later...
peace_lover Member

peace_lover

Posted
Posted

Here is my visa Interview Exp

http://forum.murthy....__fromsearch__1

He ammended my Lca and I took both old and New LCA but when he asked me I gave him my New LCA...9/10 they wont focus on h1 ammendment ... but to be honest no one knows

Here is my visa Interview Exp

http://forum.murthy....__fromsearch__1

He ammended my Lca and I took both old and New LCA but when he asked me I gave him my New LCA...9/10 they wont focus on h1 ammendment ... but to be honest no one knows

raaj786,

I am planning to go for stamping to Ottawa.

My H1B was with client A but by the time H1B started I started working for client B same state but different city.

It's already been nine months. I have the new LCA but my employer has not filed for my new H1B amendment.

Please advice as you have been through this.

Model- EVC

I have the client letter and the vendor letter.I have to go for stamping in september and wanted advice from you guys.

Thanks

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  • 8 months later...
priya162122 Member

priya162122

Posted
Posted

Thanks so much Raaj786....You provided me valuable information. Yes, looks like I got an approval for my amendment so planning to take it to my H1B extension visa stamping.

Once again Thanks for clearing my confusion.

Hi Ramasri9999/Raj786

I am in same situation i got RFE for my H1B amendment and we replied to it still waiting for the response, and I have to leave the country on 14th April. So can you please tell me what your lawyer told?

Is it OK to leave when the H1B amendment is in progress,Will the uscis denies my petition because i left the country when this is in progress. If my Amendment is denied can I attend visa interview with my old H1B.

Please let me know your valuable suggestions are needed.

Priya

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  • 2 months later...
  • 4 months later...
dreams11 Advanced Member

dreams11

Posted
Posted

Hey ,,

As far as I know... The Title in Client /Employer/ vendor - letters should match the title in LCA.. I have seen cases where the titles were not matched and candidates got 221g .... so if ur emp can ammend ur LCA and re apply with ur New title that would be Ideal . No it don't need be like the same in OLD LCA but make sure the New LCA title matches ur Client and Emp Letters... We know what Sys Engineer is and System Analyst is which is close since we are in IT...but the VO don't know the difference ... all he look in same title name... so better be safe than sorry ... With New Salary on LCA won't be a problem...provided you have the same amount on ur pay cheque's , Also it's better if you carry an employer letter with the salary Hike.. usually emp will send an revised offer letter.. if you have that ,,, even if VO asks u a question about that you can show him the revised offer .....

 

 

 

Hi,

 

I was working with company A from Jan 2012 at location X, then company B took over H1b liabilities from Oct 2012, my title/salary/location/duties everything were same. They provided me assumption of liability letter and filed amendment in Feb 2013, which got approved in March 2013 with starting date March 2013.

 

I am going for H1b stamping now. I have mentioned amendment petition number in DS-160 but dates of validation on I-797 are from March 2013.

 

Will this create any problem?

What should I specify my "starting date" if VO asks "since when I am working with company B"? Oct 2012 or March 2013; How to explain?

 

Thanks in advance

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  • 2 years later...
Kumar1209 Newbie

Kumar1209

Posted
Posted

Hello,

 

I have questions on amendment as well.Can you please help me.

 

When i was with client A in 2014 , my h1b extension was filed (Include Spouse) and got approval till OCT 2017. 

In SEP 2015  changed my client  to B, i have filed my first H1B amendment and got approval till OCT 2016.

I've visited india in JAN 2016, when i was filling my DS160 form my amendment was not approved so filled  the form with old H1B extension I797  receipt number. When i went for Visa interview i have my Amendment approved and i went with both H1B extension and Amendment I797 receipts. And i got my visa stamp successfully on the base of my old H1B extension I797. I just kept my H1B amendment I797 with me just in case if they ask during interview but they didn't ask single question about amedment. Thats my experience I hope these part help others.

 

Now my question start.

 

In APRIL 2016 changed my client to C. My employer is asking me to file another amendment as my client got changed from B to C and my H1B amedment is good till SEP 2016.

 

Questions :

 

1. Do i require new amendment  even after my visa stamp good till OCT 2017  based on H1B extension I797?

2.  If above question answer is Yes and If i file H1B amendment for Client C then what will happen to my H1b Extension I797 receipts and visa stamp  which  i got from Client A ?

3. Can i stay in this country  after OCT 2016 if my new H1B amendment for Client C is not approved before OCT 2016 ?

4. Assume my H1B Amendment is approved for Client C and if i visit india between OCT -2016 - OCT 2017 , do i have to go for Visa stamping/interview ?

5. If above question answer is Yes, then how they relate Spouse visa application , because during H1B amendment we never file any forms for spouse so we don't get any new receipt for spouse.

6. What is the difference between  H1B extension vs H1B amendment ?

 

 

Thanks in advance.

 

Thanks

Kumar

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