H1B Amendment Notice Sent

[rockafficiando]

Hi,

I filed for my wife's H1B NPT to close an impromptu slippage from status (due an employer confusion)

She went out of Status in Aug 15th 2012

We filed for H1 NPT and first got an approval from June 15th 2012 to Present thereby closing the gap of time without any status

But 2 weeks after they sent the Amendment notice. We now got a new I-797 which gave her validity from May 15th 2013 to May 2014 thereby now opening up the gap in which she was inadvertently out of status

Now she is looking to file for a H1 transfer with a Fortune 10 company who already started the paperwork(but havent filed yet)

We are wondering if we have to send them the Amended I-797.

The new company lawyers still have the original I-797 which closed the gap

If we don't send the Amended I-797, would we be withholding information of last action rule?

If we send the Amended I-797, would we risk a rejection of H1 transfer(due to the gap in status)

Please advice