My H1b amendment is not yet filed with USCIS

USA H1B Visa
1

My H1b amendment is not yet filed with USCIS. I guess it had to be filed before 15th Jan. I’m currently in the US. Any consequences? When is the last day?

2

Read the section about failing to file H-1 amendment here: Reminder: Jan 15 Deadline to File H1B Amendments for Work Location Changes - Murthy Law Firm | U.S Immigration Law

Any particular reason why your employer/attorney decided to ignore this?

3

Hi, the internal process of my employer had various steps before its filed to USICS, Looks like it was stuck at a step for approval by a manager and by the time follow ups and approval was done, it was too late.

now my employer are asking me to exit US so that they can file amendment and then once approved i can come back… However, I wanted to know if there is any way i can stay back and file the amendment.
P.S. My original petition was for a diff location (chicago, another client). So is there a possibility that i can go to that original location , file my amendment and in 5 days after reciving acknowledgement come back to this current location?
Please let me know if there are any such options, any implications?.
Any way i can still stay in the cointry legally and apply the amendment?

Appreciate response.

Thanks!!

4

Your options:

  1. Leave US and return once amendment is approved (like your employer suggested)

  2. Go to old site and work from there. File for amendment and then move to new site once amendment is in process (like you said). Make sure employer pays you all the time and there is no benching.

#1 is preferred, but it causes a break in work unless client is willing to let you work from offshore. Still, you can discuss the 2nd option w/ your attorney to see if they are willing to do so.

The period b/w Jan 15 and now will be an issue in either case and you may be asked about it during amendment process or future stamping.

5

Thanks Saurabh for your quick response. really appreciate it.
for option 2 you mentioned, is there any adverse implication to it ? like any problems to my current visa ( which is valid till 2017) like if they can revoke my H1b? Also the old worksite is a different client. not sure how this can be worked out.
I would talk to my employer about second possibility. I am really worried due to this delay caused in filing.

thanks!

6

The impact on visa and your immigration status is same in both scenarios.

I am not able to remember the legal term here, but I read somewhere that if you are out of status and re-enter US, it auto-corrects the status and puts you in correct status. That would be the advantage of #1 over #2. Your attorney can confirm the same.

7

Thanks Saurabh!. i was just reading about the NOIR that USICS can issue in case of voilation. So since its been 15 days post the deadline, any idea by when i am supposed to exit US or go back to original location? I am assuming if I go back to my country and ask for a premium processing, i can get back in 30 days if everything goes well. However, what are the chances of denial / RFE because of this 15 days period?
so i am wondering if i can ask my employer for option 2.

8

If USCIS has concern about those 15 days, they would issue RFE. Your attorney can then frame a response as to why you overstayed. It could be like wrapping-up thing etc. It is not possible to say w/ certainty that this would be an issue.

It would be then up to USCIS’ review as to whether they chose to ignore the 15 days or not.