H-1B Extension + Amendment

USA H1B Visa
1

Hi

I am working for a Client A which exists in two locations X & Y

My Current H-1B petition end date is 06/30/2019

I applied for H-1B Extension + Amendment for location Y, as my role was not eligible for Extension from location ‘X’ and I am going to do same kind of work in both the locations

One month ago my “extension + amendment” petition was filed with USCIS and I received the receipt notice for the same

I have not yet travelled to location “Y” as I can stay in my current location “X” till my petition end date 06/30/2019

Now I came to know that my role is eligible for extension from location “X”…

Questions:
Could anyone help me how to continue working from the same location “X” instead of travelling back and forth?

Do my employer need to withdraw the “amended + extended” petition inorder to file a new extension from location “X”? or is there anyway of updating my details on my filed petition instead of requesting a new one?

Kindly help me in answering my queries as I have very less time

2

If you would like to continue to work in the same location, you need LCA and approval tied to the same location.

Yes, your attorney should withdraw the amendment petition and file the new petition for the current location. You can read Simeno Solutions H1B Amendment Rules

3

Thanks Kumar…

Can my attorney file a petition for two locations with the same eligibility role as my Project Team is splitted in two locations?

As the end date of my current petition is less than a month, do I need to go for a premium processing or is it okay to go with regular processing?

4

It would fall under concurrent filing. Please check with your attorney, if it is eligible to be filed as concurrent. Usually concurrent H1B is filed with two different employers and not seen many doing it for one employer… I would go with premium processing as you are really short on time.

5

Can I go to india (June to mid August) while my husband’s H1b extension and amendment are already filed, but we have valid stamping upto Sep 2019?

6

Sure, if your spouse H1B is valid till september and you have visa stamp valid, you can travel and come back. But, after you come back, you will need to sort out a way to get your I-94 fixed as your I-94 number will be different. Discuss with your attorney.

7

Thanks Kumar,

Sure will discuss with attorney also. Only my husband’s extension is filed, as I am travelling to India so if he gets extension meanwhile, I can do Dropbox also, right?

8

Yes, thats correct, you can go for dropbox directly with his extension approved.

9

Thanks Kumar…

My attorney is not willing to go with “Premium Processing” as my current petition end date is 06/30/2019

Instead they provided me another option of going with “Premium” on the current in-progress petition and once it is “approved” they are willing to file an “amendment” back to my current location…

My query is - Do I need to travel to the new location to file an “amendment” or Can I inititiate as soon as my petition gets “approved”?

Note: Please refer to my original topic for more details

Kindly help me out with my query

Thank you

10

Technically, once approved for a location with a certain date for amendment, you need to be there to work …You need to work there from that day until your next amendment is again approved. Your attorney would know this info, check with them. Don’t worry, it seems to much confusion, but you should be fine…Maybe your attorney will put an explanation letter or something to justify sudden changes or amendments…

11

Thanks Kumar…
In general if I go with Premium Processing on my current “in-progress” petition , it would take 2 weeks to get a status which would be still within 06/30

So if it is approved, May I raise for an “amendment” before 06/30 or do I need to wait until my current petition is ended that is after 06/30?

12

Well, you could technically file an amedment before that with a certain start date. Discuss with your attorney and plan it well…