Concerns over H1B Amendment


survivinginus

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Posted

Hi, I am really concerned about H1B amendment and looks like this topic has not been covered much. Here is my situation. I was on OPT working for client A through desi company and they filed my H1 and is approved for client A from October 1. Now i am getting a better opportunity with another Client B for a long term project in a different Location being with the same desi Employer. 

In this situation kindly clarify me the below queries.


1. If i join client B (with same desi Employer) can i apply for H1B amendment without Client Letter? Client doesn't provide any letter. With client B there will be my Employer --> Desi Vendor --> Prime Vendor --> Client.

I can show Purchase order with Desi vendor and most probaly can also get letter from prime vendor for working with Client B. 

2. In this scenario What are the chances of getting it approved/ RFE /Denial? Do USCIS deny amendment applications?

 

3. What happens if amendment is denied? Am i out of status or can i still continue to work with client A? (most important please reply)

4. In some forum i saw for change of location only LCA is sufficient, so if i join Client B only with LCA what kind of problems will i face? Is it illegal that if i didnt apply for H1B amendment? is there any link in USCIS site which state this clause? Kindly clarify

 

Posted

1. If i join client B (with same desi Employer) can i apply for H1B amendment without Client Letter? Client doesn't provide any letter. With client B there will be my Employer --> Desi Vendor --> Prime Vendor --> Client.

I can show Purchase order with Desi vendor and most probaly can also get letter from prime vendor for working with Client B. 

2. In this scenario What are the chances of getting it approved/ RFE /Denial? Do USCIS deny amendment applications?

 

3. What happens if amendment is denied? Am i out of status or can i still continue to work with client A? (most important please reply)

4. In some forum i saw for change of location only LCA is sufficient, so if i join Client B only with LCA what kind of problems will i face? Is it illegal that if i didnt apply for H1B amendment? is there any link in USCIS site which state this clause? Kindly clarify

 

1. You need client letter, H1 amendment is nothing but new H1.

2.Depends on how good your documentation is

3.Not sure, but I guess you can work with 'A'

4.But these days USCIS is asking for amendment for client location change.

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