H1B Amendment approved for reduced period


(Rahul Kummar) #1

Hello,

I got my H1 extension for 3 years with client X after some time i got another project with client Y and filed amendment which got approved for reduced period.
My question is can i go back to my old job that is client X location which is still active ?


(Anil Gupta) #2

Yes, you can go back to work for old client if your old employer has not yet withdrawn the petition.


(Rahul Kummar) #3

Hello Anil,

correction here, there is no change in the employer in this scenario

could you please let me know what happens in that case ?

I appreciate for you help.

Thanks


(Anil Gupta) #4

Ya…i meant the old client’s approved H1B petition. Sorry for the typo.


(Rahul Kummar) #5

My i94 got reduced after it got amended for client Y.


(Anil Gupta) #6

Your employer will have to file for H1B extension to get new i94.


(Rahul Kummar) #7

Hello Anil,

Sorry to ask too many questions.

why do we need to file extension if we move to client X with same employer and have i94 for 3 years with client X ?

Thanks for your reply


(Anil Gupta) #8

Didn’t you say that your i94 was amended?

You will need a new i94 for longer validity now.


(Rahul Kummar) #9

Yes amended H1 got lesser validity with i94 but my previous extension petition is valid for 2 more years.

can my employer withdraw approved amendment for client Y and place me at my old client X which i94 is valid for longer period ?


(Anil Gupta) #10

Yes, your Employer can withdraw the amendment.


(Rahul Kummar) #11

withdrawing approved amendment will that going to effect my previous client X approved petition ?

I can just simply go back to old client and start working ?


(Anil Gupta) #12

You can go back and start working for old client as I already answered.


(Venkat) #13

Hello Rahul ,

I am also in the same boat, I am also going back to old clien . Thanks to Anil !. Every location amendment is considered as separate h1b. When we go back and work at old client location our i94 would be valid long .for new location we need to file amendment .
It is wise to inform uscis that you are working at old location .

Thanks Anil


(Venkat) #14

Hello Anil,

I have a small question . I94 wouldn’t be replaced by previous i94 right

In the above scenario , if we go back and.work for client x then it would be governed by Client x approved i94 right .


(Anil Gupta) #15

Usually, the new i94 replaces the old one.

So, it is better to consult an attorney on how to manage your case by either withdrawing your amendment if you are going back to work with old approved H1B or filing an extension.


(Venkat) #16

Thanks Anil
My attorney is withdrawing my approved amendment , if once withdrawn will my i94 will be changed as per previous approved petition .


(Anil Gupta) #17

It should. What did your attorney advise?


(Venkat) #18

Hi Anil ,

My attorney has advised we are good . I94 would only be updated once we cross country . If we haven’t crossed border , then we are good to go back to previous location .


(Anil Gupta) #19

Sounds good. Thanks for sharing the details.