H1B Amendment Denial

[madhaviaysola]

Hi

 

I aplied for my first H1 in April 201 and got an approval notice for my H1B visa on 12 Oct 2012. Started owrking for an end client in Dallas, texas from Jan 7th 2013.

 

However my employer is located in Virginia and hence filed my H1 as Virginia worklocation. Hence, they applied for my H1B amendment - change of location, since the end client location is texas. I have my original i797 valid till oct 2015.

 

There was an RFE on my H1B amendment requesting end client letter. Unformtunately, the Company X that i work for, stopped providing client letters sine 2010. The prime vendor had this letter to state the Company X stopped providing client letter and provided a memo of the same to reflect that I am working for the prime vendor.

 

H1B amendment got rejected because of the reason stated: Employee employer relation was not properly mentioned client letter dated 2010 and not current etc.

 

Now, my employer says that I can continue working and that my old H1B is still valid.

 

I wanted to know if this is true and that I can continue working for Company X even though my H1B amendment for change of location got denied.

 

Please let me know.

 

[jairichi]

Hi

 

I aplied for my first H1 in April 201 and got an approval notice for my H1B visa on 12 Oct 2012. Started owrking for an end client in Dallas, texas from Jan 7th 2013.

 

However my employer is located in Virginia and hence filed my H1 as Virginia worklocation. Hence, they applied for my H1B amendment - change of location, since the end client location is texas. I have my original i797 valid till oct 2015.

 

There was an RFE on my H1B amendment requesting end client letter. Unformtunately, the Company X that i work for, stopped providing client letters sine 2010. The prime vendor had this letter to state the Company X stopped providing client letter and provided a memo of the same to reflect that I am working for the prime vendor.

 

H1B amendment got rejected because of the reason stated: Employee employer relation was not properly mentioned client letter dated 2010 and not current etc.

 

Now, my employer says that I can continue working and that my old H1B is still valid.

 

I wanted to know if this is true and that I can continue working for Company X even though my H1B amendment for change of location got denied.

 

Please let me know.

For change in location a new LCA is required and not amendment. If client is a new additional after initial H1B approval then you have to stop working for the client immediately after denial.

[rahul412]

 

Now, my employer says that I can continue working and that my old H1B is still valid.

 

I wanted to know if this is true and that I can continue working for Company X even though my H1B amendment for change of location got denied.

Your old petition CLEARLY says that you work at your employer's location but the fact is that you are not . Working at client location without amendment or approval from USCIS is not allowed.