new LCA applied and but not H1B amendment done??

[sri8661]

new LCA applied

and

but H1B amendment not  done for a client change.

 

is H1b Amendment is mandatory for client change....or only new LCA is sufficient ??

 

 

 

my wife has  a H4 visa interview in short ..does it effect my wife interview for question on new h1b amendment for same employer

 

suggest me

 

 

 

 

 

 

 

[jairichi]

Yes, H1B petition has to be amended.

[wiweq]

As per recent USCIS rules, LCA update and H1b amendments should be done before the change happen. Don't start working till the LCA update/ amendments are done.

Read this doc: http://www.justice.gov/eoir/vll/intdec/vol26/3832.pdf

[kewldude123]

If I am in your place, I would hold H4 visa stamping until H1B amendment process is done. that's the best way. Otherwise there is a chance of intent to revoke, if any site verification happens because of this visa interview.

[sunil6639]

I have my H1B VISA stamped and my LCA location is SanJose , California. Due to some reason I could not work for this client. Now I am moving to new Jersey for different client. I have got new LCA approved. I am travelling on 21st April. Should I apply for H1B amendment?

 

My questions:

1. Can I enter US with new LCA without filing H1B amendment and later file the amendment?

2. File H1B amendment and travel to US? Should I wait for approval?

3. How much time is required to file H1B aendment?

 

Thanks,

S6639

[jairichi]

I have my H1B VISA stamped and my LCA location is SanJose , California. Due to some reason I could not work for this client. Now I am moving to new Jersey for different client. I have got new LCA approved. I am travelling on 21st April. Should I apply for H1B amendment?

 

My questions:

1. Can I enter US with new LCA without filing H1B amendment and later file the amendment?

2. File H1B amendment and travel to US? Should I wait for approval?

3. How much time is required to file H1B aendment?

 

Thanks,

S6639

1. You will be taking a risk of being denied entry.

2. Yes, only after approval you can enter US.

[sunil6639]

Thanks for the quick response. However, the new rule from USCIS clearly states you can start working after

1. LCA is approved for the new location

2. And H1B amendment is filed. No need to wait for the approval.

 

Please confirm.

[sunil6639]

My client wants me to joins ASAP. My company agreed to do H1B amendment in Premium Processing. How long it takes to get approval? Can I travel immediately after H1B amendment is approved?

[jairichi]

My client wants me to joins ASAP. My company agreed to do H1B amendment in Premium Processing. How long it takes to get approval? Can I travel immediately after H1B amendment is approved?

15 calendar days. Yes, you can enter US with an approved H1B amended petition.

[rahul412]

15 days in PP.

[wiweq]

My client wants me to joins ASAP. My company agreed to do H1B amendment in Premium Processing. How long it takes to get approval? Can I travel immediately after H1B amendment is approved?

H1b amendment is as similar as new H1b. Will take similar time. Risk of RFE and takes 15 cal days in PP.

[sunil6639]

Thanks for all your valuable inputs. One last question. My new LCA for New Jersey location for new client is approved today. Can this LCA be used for H1B amendment?

[sunil6639]

As per the new USCIS rule, "One can start working at new location once LCA is approved and H1B amendment is files. One need not wait for the H1B amendment approval."

 

Then why should I wait for my H1B amendment approval to travel and start working? Is it because I am entering US for the first time?

[jairichi]

As per the new USCIS rule, "One can start working at new location once LCA is approved and H1B amendment is files. One need not wait for the H1B amendment approval."

 

Then why should I wait for my H1B amendment approval to travel and start working? Is it because I am entering US for the first time?

That is correct. Only if you are in US and an amendment is filed you are allowed to work at new location and client.

[wiweq]

As per the new USCIS rule, "One can start working at new location once LCA is approved and H1B amendment is files. One need not wait for the H1B amendment approval."

 

Then why should I wait for my H1B amendment approval to travel and start working? Is it because I am entering US for the first time?

That rule is for H1b portability. To get advantage of H1b portability you should be in H1b status already. 

[sunil6639]

My company has applied for H1B amendment in PP. If my case is approved, Can I immediately travel to US with approved notice? OR Should I wait till I get the hard copy from USICS? How much time USICS takes to send the hard copy.

[jairichi]

My company has applied for H1B amendment in PP. If my case is approved, Can I immediately travel to US with approved notice? OR Should I wait till I get the hard copy from USICS? How much time USICS takes to send the hard copy.

Yes, you can travel. But, in some instances at POE they ask for the actual I797.

[rahul412]

My company has applied for H1B amendment in PP. If my case is approved, Can I immediately travel to US with approved notice? OR Should I wait till I get the hard copy from USICS? How much time USICS takes to send the hard copy.

I think copy is fine.

[sunil6639]

My company has done LCA transfer. However they said they cannot use this for H1B amendment and hence they filed new LCA on 22 April, 2015.

 

1. When I check my new LCA case on iCert portal, it says 'No case results matched'. Will it appear on iCert only after my LCA is certified?

 

2. Once my new LCA is certified, can we filer H1B amendment immediately? My company has prepared all the doc necessary for H1B amendment and waiting for new LCA to be certified.

 

3. Is there any chance for H1B amendment in PP to get approved within 5-7 days? I know it's 15 calendar days in PP.

[jairichi]

My company has done LCA transfer. However they said they cannot use this for H1B amendment and hence they filed new LCA on 22 April, 2015.

 

1. When I check my new LCA case on iCert portal, it says 'No case results matched'. Will it appear on iCert only after my LCA is certified?

 

2. Once my new LCA is certified, can we filer H1B amendment immediately? My company has prepared all the doc necessary for H1B amendment and waiting for new LCA to be certified.

 

3. Is there any chance for H1B amendment in PP to get approved within 5-7 days? I know it's 15 calendar days in PP.

2. Yes.

3. Possible but never guaranteed as USCIS timeline is within 15 days by PP.

[sunil6639]

I am waiting for my H1B amendment approval in PP. My company is asking me to travel only after they get I797 hard copy.

 

Can I travel with the soft copy immediately after approval?

How log it takes to get the hard copy of approved I797 in PP?

[jairichi]

I am waiting for my H1B amendment approval in PP. My company is asking me to travel only after they get I797 hard copy.

 

Can I travel with the soft copy immediately after approval?

How log it takes to get the hard copy of approved I797 in PP?

You need hard copy. Normally less than a week.

[sunil6639]

Thanks a lot Jairichi for answering all my queries :)

 

My company has filed my H1B amendment petition on May 7th in PP. I am yet to receive the receipt number. My company told that there is some delay in issuing the receipt number by USCIS. Is the 15 days clock in PP starts from  May 7th or once I get the receipt number?

 

I am hoping to get the approved hard copy before this month end as I need to travel urgently.

[jairichi]

Thanks a lot Jairichi for answering all my queries :)

 

My company has filed my H1B amendment petition on May 7th in PP. I am yet to receive the receipt number. My company told that there is some delay in issuing the receipt number by USCIS. Is the 15 days clock in PP starts from  May 7th or once I get the receipt number?

 

I am hoping to get the approved hard copy before this month end as I need to travel urgently.

PP clock starts from the date mentioned in receipt notice.

[sunil6639]

My company has filed H1B petition on May 7th. Till no receipt. What could be the reason for delay? When will I get the receipt in PP?