*** H1B amendment not approved even after 5 months ***

[forumman]

My employer filed for an H1b amendment with USCIS' Vermont Service Center for my current consulting project in July 2015 under regular processing. The amendment is still under process.

Can anyone tell:

 

1) What is the processing timeframe for H1 amendments ? It is not posted in the USICS website's H1b timeframes.

 

2) Can I move to a new project when my amendment is under processing. If I move, what should I do about the processing petition ?

 

Thanks

[h1bfollow]

my transfer been filed by company A later amendment by company A

 

wondering if i can move to company B after transfer to Comp A is done or should i wait for amendement also to be completed

[c_kishore]

My employer filed H1B amendment and the status still shows as 'In Process' even after 5 months. I am getting better offers from consultants. But worried to move since my current amendment petition is in process. Can anyone advice me if i switch the job now will it get impact in my petition transfer?

 

Thanks in advance.

[jairichi]

My employer filed H1B amendment and the status still shows as 'In Process' even after 5 months. I am getting better offers from consultants. But worried to move since my current amendment petition is in process. Can anyone advice me if i switch the job now will it get impact in my petition transfer?

 

Thanks in advance.

 

New employer can file a cap exempt H1B petition and on approval you can join them. But, if amendment is withdrawn or denied you need to exit and enter US with a valid H1B visa and I797.

[forumman]

@jairichi: If an amendment is withdrawn or denied, then there is NO need to exit and enter the US since it does not affect the orinigally issued visa or legal presence (I-94). If the ORIGINAL H1 is withdrawn by the employer, then we should find another employer or exit the country within a given timeframe. Amendment is only to let the USCIS know of the "material" change from the original H1 approval, like, change of work location, change of job duties, etc.,