Unable to go stamping due to amendment

[pavi4u143]

Hi,

I am in a confused state, please help me.

Last year in October 2014 i moved from one location(IL) to another(MN) due to which my LCA was changed and i got the LCA also. But now i hear that due to the new rule that came in during April 2015 even for a location change we need to file for petition. 

My problem is, I have a planned travel to india in September 2015 and need to go for stamping also. Now my employer says I need to have a approved amendment (I129) as the current I129 has the old location address and they will not allow to attend stamping interview unless I get it which will take 90 - 120 days to get approved. I have already booked my travel and now with this situation I am very confused, what should be done.

Yesterday i learnt from one of my friend that for people who made location change before 19th April 2015 need not have to have the amendment approved and can attend interview with the LCA i have. Basically to say amendment approval is not needed.

Can any please tell me :

1> is it true as per the new rule that came in this week on 7/21 that i can still attend for stamping without any issue?

2> Should i have to have the amendment approved before i go for stamping, which makes me wait 90-120 days? (Avoiding premium processing)

 

 

 

[Nix3211]

I am unaware of any law that says you don't have to do amendment if they have changed location before 04/19/15. 

I don't think, amendment would require 90-120 days. I have H1B amendment in April and it was like about a month to process. So, I would suggest do you amendment as soon as possible.

[KumarKP]

I think your employer is correct, you need to amend the H1B as per new rule. Please refer below amendment rule for additional details.

 

http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision