H1b amendment is less then the original H1b extension--If i go for stamping will i get approval based on original H1b or Amendment?

Hi Anil,

I have got my h1b extension approval recently. If i change the location my employer will apply Amendment based on the new Client letter.

If i get the amendment approval less then the primary extension visa (I 797), will my I 94 date will change.

Do i needs to apply the extension again based on the Amendment?

If i go for the Visa stamping/Drop box based on the original Extension approval or recent Amendment (Less duration)? Will i get approval as per the Original Extension.

Can i go for stamping during Amendment under process?

Pls help me.

Regards
kumar

It is possible that amendment is approved for shorter duration. If it is indeed shortened, then new i94 validity will be short too.

Each amendment is an extension application too. If you get short approval, then offcourse, you would need to file extension again.

The visa stamping is done based on the petition you use. The validity mentioned on the petition is used for giving visa validity.

You cannot use pending amendment for visa stamping. It is risky and visa officer may issue form 221g.

Thanks Anil, Pls let me know if i don’t change the location and get new project with 40 miles. I think my employer will raise the LCA only. Then i can travel india and get stamping done with the existing 797…Pls assist,

Regards
kumar

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The rule is NOT 40 miles. You are mistaken.

The new job location should be within same MSA (metropolitan statistical area) which can change within a mile too.

If there is no amendment required, then you can use the same i797 for visa stamping.

Thanks Anil for the update. Can you pls help me with below points if i go india for visa stamping/Drop box.

  1. I had drop box last time in india.
  2. under what conditions normally will get 221g. My current project ending in March 2020. Is it advisable for travel. and get stamping/drop box.
  3. I have valid visa until march 2020.can i go and come back for 2 weeks with existing visa…

Sorry i asked many points, This is my final queries.

Regards
kumar

Hi @kir999

There is no fixed reason for form 221g. Anybody can get it.

You can enter US anytime if your visa is valid.

Thanks Anil, Can i visit india and come back with my existing visa (10 days) which is valid for another 45 days. Even i have a approved extension and not going for stamping?.

  1. If i move my work location previous to previous one , Still i needs to file Amendment?

Regards
kumar

Hi @kir999

Looks like you are not reading my answers carefully as you are asking same questions again.

You do need an amendment everytime if the work location is not within same MSA.