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Attorney_22

H1B Amendments

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Hello - My company relocated the office to another county within same state which required me to file for H1B amendment. After 8 months of wait, we just received RFE for specialty occupation. I wanted to request my options in case of denial after RFE is submitted.

1. Can I work using my main H1B which is valid till Oct2019 - I have not changed company but the location of work has changed as company moved its office 

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Hello,

Please help me by clarifying the below doubts.

I applied for an H1b extension even before applying for an amendment 

My extension was applied on June 2018  in NewJersey which is yet to come and after one month I applied for an Amendment on July 2018 for North Carolina and got it Approved with 3 years I94.
I am yet to get my status on the H1B extenison.

 

Question 
1) Did USCIS extended my petition along with location change amendment?
2) Will my H1b extension also get approved with the same I94 time frames as found in my amendment ?
3) Will USCIS cancel my extension since the amendment is approved with attached I94?
4) Since I got new I-94 what should i do with the extnsion that is already filed?
5) Can i travel to India with the approved ammendment to get stamping and return back ?

Edited by Kamal1982

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I have a H1B extention approved till May 2021  and also have an I140 approved from my employer 'E1'   working for End Client 'C1'  .   I originally arrived USA on L2 visa and later got COS to convert to H1B . I do not have H1B visa stamped on my passport but have I1797 with a valid I94 expiring MAy 2021.  .

My current project for Client 'C1' ended  recently and I am looking for other Client projects still employed with employer 'E1' in USA .  

I also recently got Canada PR approved and have to land before May  1st 2019  but I do not plan tp start living in Canada for another couple of years.

Questions :

1) If I travel now to Canada by land border, can I use Automatic re-validation  rule to cross to Canada , do the landing and come back to USA  ? My concern is that I do not have an end Client project currently (which was the basis of H1B approval) .

2) If for some reason I get stuck up in Canada and cannot come back , and my employer plans to revoke my H1B and I140 , can I come back to USA again future on H1B  and be Cap exempt or would need to apply a fresh H1B going through lottery . Also what would happen to my I140 ?

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