H1 B amendment risk


BSAHA12

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My wife holds a H1B approved petition valid thru (Oct 14-Sep 17 ) . Stamping not done ,She is in India. The sponsor company "X" informed that they lost the client mentioned in the original petition and now they are planning to file an amendment with a new client.

 

 

Q > If the amendment is denied ? Will it also cancel the approved H1B petition ? Will she qualify for Cap exempt transfer ? Want to understand the risk , before giving go-ahead.

 

 

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  • 3 weeks later...

If the amendment is denied ? Will it also cancel the approved H1B petition ?

=> Yes.

Will she qualify for Cap exempt transfer ?

=> Yes, she will qualify for cap exempt transfer if no fraud detected in first H1b.

 

Just amendment denial will not cancel the approved petition. The approved petition is no more valid if the job is no more available. USCIS will not cancel the approved H1b just because amendment is denied.

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