H1 ammendment and Visa Stamping

[coolwave1447]

My wife is on H1 visa. But, she is a consultant.  Her employer (company holding H1) is a small consultancy company who sends her to client side for work on projects.

She has done visa stamping through during her last visit to India in Dec,12 which was valid till May,13.  We have got her visa extension for next 3 yrs. At the time of visa extension application she was working at client A in location A. So, on visa petition we have client A`s letter and in LCA we have location A mentioned.  But, now that project with client A is over. Since last 1.5months she has been working at client B and location B in the same state.

We need to go on a vacation to India on 6th Dec,13.

 

My Questions:

 

1)      Does her employer need to apply only  for a new LCA mentioning the new location OR Will she need to do H1 ammendment before she goes for visa stamping?

2)      What are the risks involved if she goes for visa stamping without H1 ammendment?

3)      What if she does not do H1 ammendment and is able to prove her new client location by LCA, client B`s letter, vendor B`s letter and other necessary docs? (But, her visa petition – I129 will still show location A and client letter attached to petition will be of client A)

4)      Since she is with the same employer will she need to go for visa interview or will she need to submit only documents as she qualifies for interview-waiver program. But is that safe compared to visa interview in case of consultants working under Employer-Vendor-Client (EVC) model?

5)      If suppose her H1 visa stamping faces problems, can we immediately apply for her H4 (Dependent on me. I am on H1)? Does chances of H4 rejection increase if you H1 visa stamping has recently faced issues?

6)      I think since she had had H1 before so she will not come under quota . So, if she gets H4 visa successfully and comes to US then can we again apply for her H1 immediately, provided her employer agrees / she finds a new employer? Correct?

7)      She has I140 approved (Green Card process) with her current employer. What happens to her GC process if she moves from H1 to H4?

[Tjgarla]

She need to get the amendment done with the new LCA. The latest PO and contract needs to be shown to the consulate officer.

 

It is 101% risky if you go without amending the H!B and showing the old documents.

 

She is eligible to use the drop box if she has already one stamping done with the same employer.

 

 

 

[pontevecchio]

1. Her employer will have to do both. Not her.

2. Denial

3. That makes no sense.

4. See 3.

5. That will put your H1 history in the spotlight. If no problems in that instance she will get her H4 visa.

6. She has been capped once.

7. Nothing

 

It is incredibly sad to note that automatic things like LCA change and H1 amendment are not being considered and it is easier to have an I-140 approved from such employers. Worst case she loses her job. She needs to insist on getting a Lawyer involved by her company.

[rahul412]

1)      Does her employer need to apply only  for a new LCA mentioning the new location OR Will she need to do H1 ammendment before she goes for visa stamping?

2)      What are the risks involved if she goes for visa stamping without H1 ammendment?

3)      What if she does not do H1 ammendment and is able to prove her new client location by LCA, client B`s letter, vendor B`s letter and other necessary docs? (But, her visa petition – I129 will still show location A and client letter attached to petition will be of client A)

4)      Since she is with the same employer will she need to go for visa interview or will she need to submit only documents as she qualifies for interview-waiver program. But is that safe compared to visa interview in case of consultants working under Employer-Vendor-Client (EVC) model?

5)      If suppose her H1 visa stamping faces problems, can we immediately apply for her H4 (Dependent on me. I am on H1)? Does chances of H4 rejection increase if you H1 visa stamping has recently faced issues?

6)      I think since she had had H1 before so she will not come under quota . So, if she gets H4 visa successfully and comes to US then can we again apply for her H1 immediately, provided her employer agrees / she finds a new employer? Correct?

7)      She has I140 approved (Green Card process) with her current employer. What happens to her GC process if she moves from H1 to H4?

1. H1 amendment.

2.very risky

3. She needs amended petition. No alternative here

4.It depends on the documentation

5.No, she can apply for H4 without any trouble

6. Yes

7. No change in the GC process.

 

Just file an amendment and you are good to go.

[coolwave1447]

Thank you all for your time and responses.