H-1B Amendment denial impact on existing H-1B + I-94 still valid

USA H1B Visa
1

Hi,

H1B Valid till September 2019

I wanted to understand how this situation will pave out - I have a H-1B petition & I-94 valid till Sep 2019.

H1B Amendment RFE

I had a work location change, due to different MSA my company filed an amendment and as this was a material change, they also filed an extension along with it.
I have received an RFE for the same which we are in the process of responding.

Will current H1B be valid of H1B amendment is denied?

In the event, my current H-1B petition amendment gets denied - can I work on the earlier already approved petition for which the validity exists till Sept 2019?
Or does the previous valid I-94 gets revoked after the denial for extension and I need to leave USA?

can we file new H1B amendment / Extension after One H1B amendment is denied?

Are we (same company) allowed to file another new petition after an amendment/extension gets denied?

Can we Withdraw H1B amendment with RFE?

Is there an option for us to withdraw the existing ongoing petition as my original petition validity is till Sept 2019 (I will travel to my work location as its only 40 miles from my home)? …this will at least allow me to work close to next year in the event that a denial would pack me back home

File H1B Amendment again later?

(continuing from above query) And file a new extension + amendment for job location change next year, say 6 months before Sept 2019?

2

Current H1B will remain valid even if H1B amendment is denied

Your current H-1B petition will remain valid until its expiry even if amendment denied.

You can go back and work on the already approved petition for which the validity exists till Sept 2019.
Previous valid I-94 remains valid until you get a new i94 (which happens if you get Amendment approved).

Filing new H1B amendment / Extension after One H1B amendment is denied is ALLOWED

You can file another new petition anytime after an amendment/extension gets denied. There is no restriction on filing new amendments or extensions or transfers.

You can withdraw H1B amendment with RFE

Yes, you can withdraw the existing ongoing petition.

File H1B Amendment again later

Yes, you can file Amendment again anytime later.

3

Thanks a ton Anil for your reply.

So, there is really no connection between an petition extension (doesn’t matter the petition dates) and the existing approved petition? If the new petition extension does get denied, we still are able to work till the previous approved petition validity.
The reason I ask this is because the new petition extension dates being sought overlaps with the earlier approved petition (the validity sough in new petition is from 4/1/2018 to 12/31/2020; while my earlier petition is valid till 09/20/2019) and hence, my fear that as an after effect of a denial the I-94 gets shortened as well due to overlap of petition dates

4

That’s correct.

You will get a new i94 only if your H1B Amendment / extension gets approved.

If it is denied, your current H1B approved petition still remains valid and you can go back to work for same job profile that was approved.

5

Oh!
So in essence, if the Amendment/extension does get approved, there is a chance the new I-94 can be for a short duration and by that extension, the previous I-94 can be overridden and effectively shortened by the new I-94 dates?
Sorry for the barrage of queries, just thought to clarify this one from you.

Appreciate your yeomen service for the H-1B folks!!

6

Yes, that’s correct.