Amendment Question - need to understand duration rule

USA H1B Visa
1

Hello Members,

My original petition is valid for only 1 year and I am currently in India…meanwhile my project has changed and I will be going in a different location in US…therefore my petition needs to be amended…my question is does the amendment overrides the duration of original petition? I mean if in the client letter we justify my job is for 3 years can USCIS approve the amendment for 3 years or it will be only up to 1 year as per my current original petition?

If amendment can change my petition approval for 3 years then I will go for stamping only after amendment…however if amendment can not change job duration then I will go for stamping now with my current petition…

Kindly let me know the rule about petition amendment so that I can take a decision about stamping.

2

The amended petition can have a different duration. Your employer can submit the necessary paperwork for new client showing project worth 3 years. USCIS can then approve it for 3 years. It will depend upon how the officer reviews the submitted documents.

If the current project is not valid, then do not go for stamping through that. If the consulate decides to do background check w/ client, then you will be in trouble.