H1B stamping in India without amendment for client change in the same MSA -- Urgent pls!!

[rangaa1990]

Hi,

1) I have a situation where I moved from client A to client B in the same location (same zipcode and city). My amendment with client A is still in progress and has been updated to premium processing last week. But now I moved to client B which is in the same city, like 1 to 2 miles away from client A. Should I apply for an amended H1b petition with client B ? as I have plans to go for H1B visa stamping interview later this year.

2) My employer says that amendment is not needed since this is in the same MSA.

3) Does posting the LCA with client A suffice the need for getting my visa stamped?

4) If my amendment with client B is not applied will my visa be approved at the time of the interview or will I be asked to file a new amendment?

Please let me know if you have any information for all these.

Thanks a ton.

[giri26]

You will need to file an amendment for the client change. You will get stuck if you go for stamping without it. LCA alone wouldn't suffice. It does not matter if it is the next building, different client means you need to file an amendment.

1. Yes

2. Your employer is wrong

3. No, you cannot go for stamping with the old client LCA or Petition as you don't work there anymore.

4. You will not get visa if you travel with your old petition and will most likely be stuck in admin processing.

Please check with an immigration lawyer before taking such decisions.

[rangaa1990]

Thank you for the reply. 

This helps and if I get stuck in admin processing, will the receipt for amendment be enough to clear that? 

Thanks.

 

[ashukla]

On ‎2‎/‎22‎/‎2018 at 4:09 PM, rangaa1990 said:

Hi,

1) I have a situation where I moved from client A to client B in the same location (same zipcode and city). My amendment with client A is still in progress and has been updated to premium processing last week. But now I moved to client B which is in the same city, like 1 to 2 miles away from client A. Should I apply for an amended H1b petition with client B ? as I have plans to go for H1B visa stamping interview later this year.

2) My employer says that amendment is not needed since this is in the same MSA. He is right, check the USCIS site for amendment filling requirements, its not client specific although it is MSA specific. Below is the link for specific Memo:- (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf)

3) Does posting the LCA with client A suffice the need for getting my visa stamped? LCA is not considered for your visa stamping, you should have an approved I797 with valid dates ending in future. No exception.

4) If my amendment with client B is not applied will my visa be approved at the time of the interview or will I be asked to file a new amendment? if you have an approved I797 with future end date, you are good to go for a visa interview only if amendment is not in process.

Please let me know if you have any information for all these.

Thanks a ton.

 

[rangaa1990]

Thank you.