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Transformer

New H1B amendment before the approval

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One of my friends has this situation:

An American company (not a biggie - one with around 500 employees) applied for his H1 under 2103 quota, regular processing in May. He was never on H1 before but on L1 until Jan 2012 and moved to H4 (on his wife's H1). Due to some reasons the internal project got cancelled. His h1 is still under initial review. Now the company says they have another position with their client in different location (with start date in October) and they are going to file an amendment to the pending H1.

Can Amendment be filed to a pending new H1? I am confused. I was under the impression that amendment can only be filed for approved H1. But his company says differently.

Anyone in this situation before? Please advice.

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Generally, the information in the H1B petition and the LCA must be valid at the time of adjudication. If the information has changed the petition is no longer approvable. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine what options, if any, may be available at this time.

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