dream16 Posted October 2, 2011 Report Posted October 2, 2011 Hi Guys, please answer or give your suggestions in this case: Model: EVC I did my B.S [Comp Science] from US in 2008 and have been working as a Systems Analyst since then. My h1b got approved in 2010 november from "State A" [as i had client letter + vendor letter] etc. I moved from State A to State B and then as my h1b started in Feb 2011, my employer gave me my 1st LCA of this State B, since then, i have been working here in State B till date. Please Note that during my time of move from state A to state B --> i was on OPT at that time & worked at State B for Dec, Jan on OPT itself. I read this line below in this forum that's giving me shivers and lot of negative thoughts: " If officer feel that you recently changed clients and are working for different client from what is specified on your petition, they ask for all kinds of documents and then simply send you refusal letter. Some cases they issue 221g saying you dont have I129 ammendment and in some cases they just ask for additional documents and then send a refusal letter " MY Case: In my case, it's been 8 months since i have been working with New Client (State B), also as per my h1b approval from old client--> i actually never worked on h1b with that old client as i simply moved to this new client [when my h1b started in Feb]. So can the VO question that " On your I-129 form, your h1b was approved for working at State[A], however the client letter you have given me is for State, so visa refused" [Note: client B is giving client letter with the word "possible extensions"]. Questions: 1. To avoid this situation: i need to get my I-129 amendment done? 2. 550$ done by employer? 3. How to get this process done from him? 4. What can be the complications? how much time does it take? Please help guys.
tar53 Posted October 3, 2011 Report Posted October 3, 2011 Please ammend your H1 with current client location in it, your employer will be able to do this process and legally he need to pay the fee for H1 ammendment. Now a days VO's are very specific about client location on I129, it should match with your client letter.
dream16 Posted October 3, 2011 Author Report Posted October 3, 2011 Thank you tar53, i highly doubt that he will even pay a penny for this amendment despite making millions on me. But as far as amendment goes, i need to force him to do it & pay i guess 550$ is the fee for it. But does amendment means re-filing h1b and all that, as that's what he was trying to tell me that ohh that's a pain etc.
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