Specific Time period to file H1B amendment after entering into US


I am working for Client A from X location(No LCA and Amendment filed its a short term project), now i got an offer to work with Client B(long term project) at different location(location Y).Myself stepped in US on April 2nd(Just 65 days ago entered in US). But Client B required mandatory New LCA and H1B Amendment for working with them. My Employer has no problem in filing LCA, but he says if we file amendment with in 90 days of my USA entry, der is fair chance of Amendment getting rejected.

Can anyone please let me know the pros and cons for this.

what would be the problem if we file amendment with in 90 days of arrival?

is it true that my amendment gets rejected(because i am filing it before 90 days) and i am going to face problem with my H1B Visa Status?

Can anyone please answer me.

Thanks in Advance.



I don’t think there is an issue of filing amendment within 90 days of entry. Do you have an attorney? Does he share the same concern?

No Saurabh, My Employer is saying that “der is a clause in my I-129 that i will be working at his place for 90 days”. But i couldnt find any clause in my I-129.
Will der be rule or clause as mentioned?
i am totally unaware of this things.
No attorney just my Employer words.


I don’t know what he is referring to as I-129 has nothing of that sort.

Is he referring to the 30/60/90 day intent guideline? The crux for this is you are admitted to US on a particular visa, your intent should be to satisfy the requirements around the visa/petition. This becomes relaxed as you spent more time in US. So an action taken within 30 days carries higher chance of RFE, and it is none once 90 days have elapsed.

However, this should not be applicable in your case as you are entering on H-1 and remaining on H-1. Filing an amendment is no different than changing employers soon after entering US i.e. your original intent to work for that employer at that location is voided.