Can i go back to initial H1b if H1B Amendment is denied?

My H1B and i94 is approved til Sep’19 for Florida.
But I moved to Georgia in Mar’19 and my Georgia Amendment is at RFE stage.

  1. If Georgia Amendment gets canceled., can I go back to Florida to work (as it is valid til Sep’19)

  2. If Georgia amendment gets canceled, can I apply amendment for a different state?

1. Go back to old H1B if H1B amendment is denied

Yes, you can go back and work at old H1B approved location (if it is still valid) if your H1B amendment is denied.

2. File new H1b amendment for new city/ location/ state?

Yes, you can file any number of #h1b-amendment as you may wish for any new, old or same city or state.

Thanks. Would I be considered Out Of Status if my amendment gets refejected?

I94 is valid till Sep’19 based on Florida H1b petition.

As i already answered, you CAN go back to work at old H1B location if H1B amendment is denied.

‘Out of Status’ will happen if you DO not go back and work at old H1B location.

Since, you are ONLY authorized to work at a location and with a status mentioned on your i94, your H1B amendment denial means that you cannot continue work at amended location.

If you continue to work at amended location even after denial, then you are violating the terms of your H1B visa.

This may help you understand in detail:

Thank you. Situation is clear now.

My amendment was approved today. Phew!

However status shows as “case was approved” I think my request for premium (filed by employer)was not accepted otherwise the status should have been “Case Was Received and A Receipt Notice Was Emailed”.

Anil - your thoughts?

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Congratulations for the Amendment approval.

If I remember correctly, you did say that your USCIS case status shows ‘Case was received and receipt was mailed’ in another thread.

Exactly. My previous status was case received and reciept “emailed” but today it says approved only no email

Not that I’m complaining. This is great news for me… premium or otherwise.

And thanks for your valuable clarifications!!

You are welcome.

You will receive the approval notice within 2-3 weeks.