H1 Amendment


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Hi All,

I have an H1 that is valid until early 2013 which was filed and approved while I was with a Client in state A. That project ended during last year and I moved to a different client in state B, a few months back. My company filed an LCA but forgot to do the H1 amendment. A couple of days back, there was a site visit by USCIS to the Client location in state A. Since I wasn't there at the Client site in state A (as expected), my employer was called and asked for the LCA. Now, my company would be filing an H1 amendment. I have an approved EAD that I got a few weeks back that I have not used. I have a few questions for which I request your help.

1. Am I in an out of status mode and if yes, since when?

2. Can we file an amendment H1 in the next couple of days so that I am no longer in an out of status mode (assuming answer to question # 1 is 'yes')?

3. Can/would my H1 be revoked? Would I get a chance to appeal or reply or would it be a revoked without a warning?

4. Related to question # 3, is NOIR on H1 w.e.f. immediately or is there a date/time when the NOIR becomes effective?

5. Can/would my EAD be revoked?

6. Should I switch to EAD ASAP or can I do that anytime?

7. What would happen to my spouse if I switch to EAD since her EAD still pending?

8. What if my H1 is revoked and I didn’t switch to EAD before this happens? Would I go out of status?

9. Would this affect my I485 processing?

10. What is the time to respond should a query arise on the I485?

11. Can I see status on USCIS portal if they revoke H1?

12. What is the best solution given the situation?

JoeF, Belle, Pontevecchio, and anyone else, please reply when you get a chance. Any help/thoughts/response would be greatly appreciated.

Thank you,


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