Any recent H1B amendent got approved?

Hi Sir,

My employer going to file an H1B amendment for location change and am first time traveller to US . I am more worried about recent happening on USCIS. Please let me know if USCIS approved any H1B amendment or everything it goes to RFE and later it got denial.

I understand nothing will be in our hand but more curious to know the approval case so it will be help for my filling.

Thanks,
M.Manikandan

Hi @mani_kandan

I personally know of cases where H1B amendment have been approved, if all the paper work was good.

Direct End client Hire is best for Approvals

Generally speaking, the chances of H1B amendment or extension or transfer are far greater if you are working for end client company directly. This is because it is easy to prove the employee-employer relationship easily.
In this case, the salary is also not a concern since direct client would be paying you a better rate than any other consulting company as such.

Third party consulting USCIS RFE’s

The moment any layer is added like a consulting company employing you and then you are posted at end client location to work, the complexity increases and USCIS starts to question the employer-employee relationship.
The salary is questionable as consulting company tries to keep it low to have their profit margins too.

USCIS is strict with more than 1 consulting Vendor involved

The situation is pretty much out of hand when you have more than one vendor (or consulting company) involved between you and end client.
USCIS is issuing lot of RFE’s for these kind of cases these days and denials have increased too.

Overall, USCIS is getting strict with H1B requirements. So, it all depends on your paper work submitted by your employer’s attorney.
If they have everything in place, you should not have any issues getting approved.

Let me know if you need more information.

Thanks anil for your quick reply :slight_smile:

1 Like

Hi Anil.

One more clarificaton I am in EC model what would be risky in current situation

Thanks,
M.Manikandan

Check out these points listed by USCIS specifically for Employer Client model:

USCIS can issue RFE or reject application if they are not satisfied with your documentation.

Does that answer your question?
Let me know if you need more information.

Hi Anil,

One more clarification , right now my employer had filled H1B amendment and I am first time traveler to USA. Please find the details of my profile and let me know is there any risk in my petition.

Graduate : B.E (Computer Science)
Job title : senior system analyst (Computer system analyst)
Wage Level : Level 2
Salary filled in LCA for amendment : $ 81K
EC Model
SOW : valid til 2020

Thanks,
M.Manikandan

Hi @mani_kandan
I don’t see any issue in your profile.
Please remember that H1B’s approval depends on multiple factors apart from your profile.