raj_08 Posted February 23, 2019 Report Share Posted February 23, 2019 I am on 9th Year of H1 B Extension (I 140 approved) and following is the snapshot of my H1B Extension and Amendment Details, H1B Extension : Approved ( With Employer A and Client X for Location 1) I-797A : 10/03/2016 to 07/05/2019 I-94 : 10/03/2016 to 07/05/2019 H1B VISA : 17APR2018 to 05July2019 Amendment : Approved ( With Employer A and Client X for Location 2) (Applied in May 2018 and received approval papers in Oct 2018) I-797A : 06/04/2018 to 09/30/2018 I-94 : 06/04/2018 to 10/10/2018 Through my Amendment got approved for Location 2, but I never relocated to Location 2 and continued working at Location 1. Following are my query's 1) Does my approved amendment reduces my H1B Extension duration? 2) Could i still continue with my H1 B Extension which is valid until 07/05/2019? 3) If not, what are my options available with out stepping out of the Country? Link to comment
Chetannauj Posted February 24, 2019 Report Share Posted February 24, 2019 Hi, minr is similar case but only difference is same location. Amendment was for job title change. when did you get the amended approval? In your case Amendment overrules the i94 as per my attorney guidelines. And as per the i94, you are out of status since 10/10/2018. And if you overstay more than 180 days, there is 3 year ban. we are in same boat bro.. Link to comment
H1-BGuy Posted February 24, 2019 Report Share Posted February 24, 2019 @raj_08 1. there is no guarantee that Amendment Retains your prior duration, It is all based on evidences provided and in the discretion of the person who is evaluating the case. 2. New approved petition always prevails in terms of validity. 3. At the end of the amendment or 6months before it, You can file for extension to increase your duration. Link to comment
raj_08 Posted March 2, 2019 Author Report Share Posted March 2, 2019 Thank you for your reply. But my approved amendment was only for the period of 06/04/2018 to 10/10/2018, which came to me after it got expired. So, i never considered the option of going to a new location and role. And another important point is, i never worked at new location. So, none of my pay stubs or W2 - Form (Y2018) doesn't mention any thing about the amendment location or role. So, i assume my amendment was never activated. 1) So, if that is the case, am i still fine to continue in my H1B Ext which is valid 10/03/2016 to 07/05/2019? 2) One more option i see is, can i apply for my H1B Transfer with another new Company? Does it resolves any unclarity of my current H1B Ext and Amendment Duration? 3) Also, if i have already a valid (not revoked) H1B Transfer from another Company, can i shift to that new Company now? does it create any issues? Thanks In Advance, Link to comment
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