Hi,
My employer filed my H1B Amendment on June 2016 in Regular and it is still pending. My H1B Visa and I94 expires by Dec 31, 2016. I have requested my employer to file my extension in Premium as I had to travel to India to bring my kid in February. I was told that it is risky as there are possbilities of
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Amendment getting denial and because of which my H1 Extension will be revoked or
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USCIS will keep my extension on hold until Amendment is approved
I would like to know if i can go ahead and file my extension in premium with my Amendment is still pending.
File extension… dont worry. if you get your extension approve, withdraw the amendment immediately. If amendment comes first put it in the shelf since your extension follows it and overrides it.
Dont worry too much
how is extension approval gives option to withdraw amendment…
amendment if for material change before current petition expiry… whereas extension is approval after petition expiry…
or did you mean file extension+amendment together again… and then after approval withdraw the alone amendment pending…
please suggest as i am also in similar situation…
thanks in advance…
“whereas extension is approval after petition expiry…”
This is not correct. Amendment is an adjustment on the current active petition where as Extension is technically a NEW petition (non-quota) with a check box checked as an extension request. This doesnt mean that the extension starting date as the end date of the current petition. It can be(and usually will be) the date of extension approval. So, those dates are not necessarily CHAINED. You can file and extension(practically another new non-quota) petition for an active(not expiring soon) petition.