Is H1-B amendment required to go back to old location?


tal2012

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Hello everyone!!!!

 

I have few questions based on my current situation as described below and I would really appreciate your advise. Here is my situation.

I have been working with my company since Dec 2011. I had H1-B amendment done for location A in 2014 (valid till 13th March 2017). Then I moved to location B and amendment was approved for location B. Now my project at location B is discontinued. I am currently transferred to my company's India location. Now, there is a requirement at previous location A for the same client, same team, same role and same duties.

 

Below are now few options / questions, considering, I have my visa stamp on my passport valid till 13th March 2017, and  I am continuing to be an employee of the same company.

1) if I need to travel before 13th March for location A, does my company need to apply for new LCA? Can they use LCA (approved for location A in 2014) which is still valid till 13th March 2017 and apply for an amendment?

 

2) Does my company even need to apply for an amendment? Considering the petition is approved and still valid?

 

3) Can I travel using the current I-797, LCA of which is approved for location B? And then they could apply for an amendment later?

 

Once again, I would appreciate your advise for this strange situation.

Thank you very much

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Hello everyone,

 

Any advise / comments please? Once again I would really appreciate it.

 

Also, one relevant question was that, if in any case if amendment is necessary, can I travel immediately after the amendment is filed or I need to have amendment approved and have it in my hand before traveling to US?

 

Thank you very much and sorry for putting this complex / complicated situation to solve for everyone.

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On 2/9/2017 at 11:45 PM, tal2012 said:

Hello everyone!!!!

 

I have few questions based on my current situation as described below and I would really appreciate your advise. Here is my situation.

I have been working with my company since Dec 2011. I had H1-B amendment done for location A in 2014 (valid till 13th March 2017). Then I moved to location B and amendment was approved for location B. Now my project at location B is discontinued. I am currently transferred to my company's India location. Now, there is a requirement at previous location A for the same client, same team, same role and same duties.

 

Below are now few options / questions, considering, I have my visa stamp on my passport valid till 13th March 2017, and  I am continuing to be an employee of the same company.

1) if I need to travel before 13th March for location A, does my company need to apply for new LCA? Can they use LCA (approved for location A in 2014) which is still valid till 13th March 2017 and apply for an amendment?

 

2) Does my company even need to apply for an amendment? Considering the petition is approved and still valid?

 

3) Can I travel using the current I-797, LCA of which is approved for location B? And then they could apply for an amendment later?

 

Once again, I would appreciate your advise for this strange situation.

Thank you very much

1. Yes, you need to apply for amendment again.

2. Yes, he has to.

3. Don't risk the travel without amendment.

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