H1B amendmant not filed and current H1B is close to expire


Nomadic Alien

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Posted

My H1-B will expire Sept 30th, 2015 and my employer has already filed my PERM application (which is pending decision as of today. I have confirmation from the immigration lawyer on this)

 

When I approached my employer for filing the H1B extension, I came to know that they have not filed an amendment on my behalf when I joined Client- X one year ago.

 

Both my employer and I are in the same State but different cities. Initially, my H1-B was filed where my employer's office is located at (City B).  I have been working in a different city (City C) for the past year.

 

Is there a workaround solution to my situation? I need some recommendation/ guidance so that I am more prepared when talking to my employer. I am concerned as I do not want to go OUt of Status post September 30th.

 

Thank you.

Nomadic Alien

Posted

Employer has to file an amendment and it has to get approved. If you are completing your 6 years on H1B by 30th Sep 2015 and do not have a PERM or I-140 pending for a decision for more than a year or an approved I-140 you have to either move to a dependent status or exit US.

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