File h1B extension while H1B amendment is Pending

Hi

I have valid H1-B petition for position A till 3-Mar-2019. I had to file an amendment(in July’18) as my position changed to “B” and that is still pending with USCIS.

I have approved I-140, Now I am planning for H1B extension.

I have following questions.

  1. I heard , If there is no decision taken on amendment till 3-Mar-19, that will become voided , is that correct?
  2. Can I convert to my extension to premium when amendment still open? Or I have to wait until amendment is approved? Or I have to get amendment convert to premium first and later extension?

If I file extension with different role(Role:C) will that help, in case my existing amendment get rejected or in converting to premium when still amendment is pending with USCIS

Thanks in advance!!

Regards,
Ranjith

Hi @ranjithgajula

H1B Amendment does not get void automatically

Your H1B amendment will not automatically be void on Mar 3, 2019.
It has to reach a result i.e. either approved or denied.

H1B extension in premium

You can file H1B extension in premium as and when it is available.
If the extension is based on position B for which amendment is still pending, you can still upgrade your extension to premium (only if Premium processing is allowed).

Amendment result might affect the extension result if both are for Position B.

Much Appreciate your quick response Anil, I have been spending so many days to get these questions clarified.

I have few follow up questions.

how existing amendment decision would impact on my extension(provided this get approved after converting to premium by the time amendment decision still pending)

If I apply extension for position C will I be on safe side irrespective existing amendment decision? Will new extension has any dependency on amendment as both are for different roles

Regards,
Ranjith

H1B extension with position B

There are two things that can happen with your position B extension, if you file in premium:

  1. USCIS may approve extension while Amendment is pending. In this case, you are good and keep working with extension.

  2. USCIS may wait for amendment decision before approving your extension.
    In this case, most of the time, they will issue an RFE on the extension to submit the amendment approval first.
    You will have to wait until amendment reaches a decision.

H1B Extension with position C

You can file a new extension with position C ND if approved, you can keep working using the extension.

Remember, all the things depend on your i94 validity too. So, file all these applications before i94 expires.

Thanks again Anil

So if I go with position B better I have to convert my Amendment to premium first and then convert extension later.

will I have similar kind of issues if I go with Position:C? Like getting RFE when I go for premium.

Will position C extension also have dependencies on Amendment?

I am working for one of the reputed indian MNC, what do is your opinion on going with position:C, Am I making my case more complicated, Please suggest, I will go with your suggestion.

Regards,
Ranjith

Please understand that your Position B Amendment is actually Amendment + Extension application.

If you just upgrade it to premium, you should be able to get a longer term of H1B. There would be no need to apply for another extension in that case.

You can get RFE for any H1B application and USCIS can ask for previous proofs of amendment approvals even in case of position B, C, D or F.

Yes, you are making your case more complicated as you keep filing extensions based on new positions.

Thank you so much Anil for quick responses. you made my day and I will go with extension for position-B only.
Frankly telling you answered the questions which even my Global immigration team couldn’t.

You are the best!!!

Regards,
Ranjith

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You are welcome and let me know if you have more questions.

Thank you Anil ,I am good now. Definitely I will reach out to you before I go to my GI team If I have any questions.

Regards,
Ranjith

Could you please update your case what happen to ur case what did you do?
Applied H1b ext or upgraded amendment to premium??

I just applied H1B extension . I got Amendment approval in normal processing only. But I got approval after I filed extension. So my extension was actually an amendment cum extension.

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Hi Anil,
I have few questions for you. below is my case…
I have valid visa stamped until 2019 sep 29h, Filed my Amendment in Nov 2017, still pending no results couple of time did service request they told us to make it premium but after march 2019 only it is available… so now my ext is due …what i did EXT+Amendment + Premium Process this went to Nebraska center and my previous amendment (California center)was still pending with same client same location because my employer lawyer want to go like this once they file my ext they told that they will with draw my previous amendment. Actually they gave two option ( i selected 2nd)

  1. making amendment to premium wait to get approved and go for ext
  2. go with EXT+new Amend+Premium and with draw previous amendement
    Q1> Got RFE now yet to know the Deatils, is their any one in same situation?
    Q2: did I do wrong step? by selecting option 2.(bz i want to save some money on premium)
    Q3. If RFE is related to my amendement then what are the chances of clearing it?

please let me know any similar case or chances of getting approved

Hi @sri258

I can suggest something only when you know the RFE details.
Otherwise, it is just speculation.

The chances are high that RFE is asking to wait for H1B amendment result.

How could you file amendment + extension at Nebraska center. My employer told me Nebraska handles only pure extensions, that’s why they filed my case again with California center.

My Attorney suggested to go in this way, i don’t know which place to apply they are expert in this cases, btw my employer hired these people Global Immigration Partners, Inc. from long time it’s been more than 11 years… my h1b period is 7 yr completes by tis oct 1st… i am not worried at all about the center… which they selected bz I trust them they are experts.

Hi @ranjithgajula

You are talking about last year (2018) scenario when the H1B premium processing was suspended. At that time, Nebraska was accepting extensions only for no-change applications.

At this time, Nebraska is accepting all applications.

Ohh…Thanks for confirming Anil, I was not aware of it. So they started accepting all petitions after premium process resumed with all locations?

Nebraska is good location, whoever filed along with me already got approvals , still waiting for RFE response from California.

HI @ranjithgajula

Yes, Nebraska is accepting all types of H1B applications.

Hi Anil,

I have similar case and I need advice.

I have H1B stamped till 10th October 2019 and I have filed for location change amendment in Feb 2019. I am currently working in the new location. In May 2019, I got RFE for the amendment and I have till 21st July 2019 to reply for that RFE.

Also, I have to file for H1B extension as the H1B is expiring on 10th October 2019.

Now, my employer is advising two options:

  1. Convert this amendment to premium while replying the RFE, because we need to file for H1B extension based on the approved amendment or else the H1B extension may have issues in getting approved.

  2. File for a fresh amendment plus extension together in premium and withdraw the already filed amendment (by not replying for RFE). So that extension and amendment will be approved together.

Can you please advise on what is best option from above or is there any other option I can go for.

Thank you.

Hi @Archit

Option 1 is better.