H1b amendment denied - Old Petition valid -- Next Steps for returning back to Old Petition

Here is the case history (all in E-V-C Model)

  1. Applied for Amendment (location change and role change) for same client in May 2019 since client moved half of team from one state to another state (new office).

  2. After amendment receipt, I moved to new location and started working on amendment petition for same client.

  3. Received Amendment denial for specialty occupation in Jan 2020. (USCIS website showed it on Jan 22, Employer received the notice on Feb 12)

  4. Old Petition is Valid till June 2020 (i94 valid till June 2020) for same client at old-location and old role. Client is okay if I work from old location (& on old role) since other half of team still works at old location.

Here are the questions

  1. Can I go back and still work on Old Petition ? (Read through different posts on forum and seems like I can – But does the denial reason of “Specialty Occupation” create any obstruction for me to go back on old petition ?)

  2. I understand I am currently “Out-of-Status” since I started working on amended petition – But when does the Out-of-status period start – Date (Jan 22) when it was denied and updated on USCIS or the Date (Feb 12) when I received the Denial Notice.

  3. Here is the important question : Since I am out of status at this point, Do I have to send any communication to USCIS stating that I will be going back to Old Location and working on Old Petition ? What is the process for this ?

3a. If Yes – Do I need to wait for any communication from USCIS (like any approval) and Move to old location after this ?
3b. If No – Then how does USCIS understand that I have gone back to old petition ?

  1. Will there be any issues with Extension Filing in June 2020 - Should it be still filed for Old Location or Can we file for new-location again ?


Hi @ajv.v

Sorry to hear about your H1B denial.

You can simply just relocate to old location and start work there.

There is no need to send any communication to USCIS as long as your payroll can be run using the old location and as per the old H1B approval.

You just need to take care of the specialty occupation while filing the extension.

Thanks Anil for replying - Makes things clear for me.