H1B Amendment approval is shorter than base petition's longer validity


(Ronnie) #1

At first, I want to thank you for all the patience you have to respond the queries. You surely are doing a great favor to the immigration community with such detailed and right responses.

Now coming to my query.

H1B Amendment reduced the total term

I work for US based tier 1 consulting/tech firm with an approved i140. My base petition is approved till 2020/March as part of location change the amended i797 got squashed to 04/2019 (based SOW).

We now (Aug 03, CALIFORNIA, Regular) have filed for amendment and extension due to role change and project extension.

Q1: In case if the current amendment get denied can i go back to the location where i have my base petition approved and file amendment/extension again?

Q2: In case yes for the above option, do you suggest me to bump the petition to premium processing as i have back up from the above point?

Q3: Do you think of any options in case of denial? i just want to rush thru this period of uncertainty :slight_smile:


(Anil Gupta) #2

You did not mention any visa type and hence i edited your question with assumption that it is H1B.

H1B Amendment denial - Can go back to previous approved H1B

Yes, you can go back to work on your previous H1B approved petition if it still valid and file extension there.

H1B Extension in Premium

I always recommend to get premium processing if its available. This gives you peace of mind and result within 15 days. You can plan better than waiting infinitely in regular processing.

H1B extension denial

The options would depend on your current i94 status at the time of denial.
You should take actions before i94 expires to be on safe side.

You can also file H1B transfer to create one more option for you.


(Ronnie) #3

Thank you Sir for the quick response, faster than lot of financial institution.
Just curious do you make any money out of this pain answering each and every comment. I see that no question has an open ended situation, so i see you take of this very seriously and also see no sponsors here apart from an ad or two.


(Anil Gupta) #4

haha…thanks for the compliment.

No, I don’t make any money out of it. The site is owned by my college friends.
They are just probably making enough with the ads to keep this site floating.

I have just volunteered to share my views on immigration and help community.


(Ronnie) #5

Thanks again for the contribution. I recommend setting up a “Donate now” options…registering as non profit. I have checked many other sites where people desperately are looking for help only to see "Attorney"s arrogant responses to talk to “employee’s attorney”.


(Anil Gupta) #6

Sure. I will share this with my friends.

We are glad you liked the site.


(Anil Gupta) #7

One quick question:
You found truvisa.com on Google or someone shared it with you?


(Ronnie) #8

Was googling to track the h1bs…i was checking trackitt until now.


(Anil Gupta) #9

Good :).
Not sure if you have used this or not:


(Ronnie) #10

Yep i saw this one…i assume its crowd sourced? If yes than any other data pointers, all displayed at one place like a dashboard would be really helpful. I surely see that lot of your threads are elaborate.


(Anil Gupta) #11

Ok… thanks for the feedback.

Yes, this is new and crowd sourced.


(Ronnie) #12

Anil, hope you are doing good. A quick follow up question on whether my petition is eligible for a Premium processing. Mine is over 160 days now and thinking to bump it up to PP so that i can some time for plan b and c incase of denial: Below are the details.

Location : WAC (Calif)
Visa : H1B
i140 Approved: Yes
Role Change: Yes
Extension included: Yes
Latest i94: May10th, 2019
Base Petition i94 : 2020 (Different location and different role)


(Anil Gupta) #13

No, you are not eligible for Premium processing at this time.


(Ronnie) #14

Thanks for the response. Would you mind to specify under what criteria?
I was reading the below literature from the USCIC website
" 1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization;"


(Anil Gupta) #15

Is your employer cap-exempt employer?

In your first post, you have mentioned that you work for a tier 1 MNC (consulting company) and i assume it is a for-profit company.

That makes it in-eligible to apply for premium processing at California Service center until Feb 19, 2019.


(Ronnie) #16

Ahh…take it easy :frowning: got it wrong


(Anil Gupta) #17

ohh…my apologies if that sounded harsh.
I just replied normally though :slight_smile:


(Ronnie) #18

No way…you are doing a great job and a lot us owe you!!! I meant my understand was not right about “cap Exempt”… i was under impression that corporates too make it to “exempt” list :). Again,i want to thank you for all the work you do.


(Anil Gupta) #19

A post was split to a new topic: H1B status: Case Transferred And New Office Has Jurisdiction