I had H1B for client A, filed amendment for client B and Location C and came to US based on receipt number on June 2018.
My H1B was getting expired on Feb 15th 2019, so I filed extension on Oct 29th 2018 for same client B and location C which was in progress with USCIS and got the receipt number. Yesterday I saw in USCIS portal that my Amendment petition is denied. My Question is
- As both amendment and extension were filled to same client, can i continue to work till i get the update on Extension petition ignoring the amendment result?
- If I’m not supposed to work, Shall i go ahead with filling premium to get update on the extension petition?
- At this point, can I transfer my H1B to new employer/Vendor V? Will my H1B amendment denial affect the H1B transfer?
- I am curious to know what could be the reason. I assume it is because the amendment was filed on top of extension, USCIS didn’t want to work on two applications and they denied the original extension and taking the amendment as current application. Did anyone face same scenario?
- What are the other option available?
Thanks in Advance!
The first information that I need is about your i94.
What’s the validity date on your i94 at this time?
Work on pending H1B extension after amendment denial
You can work till you get decision on H1B extension but the chances are very low that it would be approved.
So, it’s better that you quickly plan something else.
H1B transfer after H1B amendment denial
Yes, you can file H1B transfer even after H1B amendment denial.
The amendment denial result does not affect Transfer result. Each H1B application is evaluated separately based on the paperwork you submit.
H1B amendment denial reason
Your assumptions and understanding of denial reason are completely wrong.
USCIS is not a school child who will deny your application just because they don’t like it or just because you filed another H1B extension.
They are professional organization and work strictly based on rules laid out for each application type.
You will receive a letter from USCIS explaining the reason behind the denial soon. The reason would be explained in detail. Just wait for it.
Thank you very much Anil…
Now I am clear that I can stay with the current client until I receive my extension result though amendment was denied. My i94 validity is Feb 15th 2019.
Also can you please let me know if any other options I will have other than changing the employer(H1B Transfer) in case my extension get denied.
File another extension before current one reaches result!
Thanks Anil, also please suggest for below queries.
(i) Can I stay in US if I file another extension before current one reaches result (in case the current extension get denied).
(ii) In case my employer want to wait till we get my current extension result. Do we have option to file another extension (or) Motion to reopen the extension after the current result and can stay in US based on this receipt.
You can file another extension and stay in US.
But, I strongly recommend to talk to your employer’s attorney before making any decisions.
Filing multiple extension solely based on an amendment that currently stands denied is just a way of creating chain to stay in US but, they all stand a chance to be denied as amendment was denied.
You can file extension any number of times after the current one’s denial.
But, you can only stay in US and work for the client only if there is a pending application for that client and i94 is valid.
You are at a point where your case is reaching a level of complexity and should be handled carefully by an attorney, who knows in and out of your employer and your case details.
Thanks Anil for valuable suggestions.