H1B Amendment & Change of employer at same time


pppb

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Posted

Hello,

With the recent USCIS guidance on H1B amendment, I am wondering how to proceed with this situation.

I changed from L1B to H1B in 2014. That is, a new H1B petition was applied during April 2014 and it became effective Oct 2014. My employer 'A' is in a different state, so I am assuming that they used one of their clients project located at their location or an in-house project to file the petition.

Since I am in a different state and did not want to move, I found a opportunity with a client, LCA was filed and I started working since then. I don't think an amendment was filed.

In the mean time, I'd like to join a different employer B.

Questions are,
1. If my current employer A files an amendment what are the chance of getting it denied, since it has been several months? I see that USCIS says that we need to file before August 9 and will not take adverse actions for not filing amendment before the Simeio Solutions decision in general.

2. If I join employer B while the amendment by employer A is in progress, will it affect the approval of petition from employer B or does the amendment becomes irrelevant since it is a new petition with correct intended client location?

3. Since the result of amendment may take about 3 months and the result of filing a new petition from employer B takes about the same time,
    a. what are the consequences of having 2 applications at the same time?
    b. Amendment getting approved & new petition getting denied?
    c. Amendment getting denied & new petition getting approved?

Thanks in advance.

Posted

1. That will be fine

2. It should not affect, but to avoid risk join B after their petition is approved.

3. a. That's fine. No problem

b. not likely

c. possible, but even that is less likely. safe to join B in that case.

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