H1b extension after H1B amendment. Will original H1B be valid?

Hi anil,

This is rakesh. I am giving you some coln text before i take advice from you.

H1B client A approved, H1B amendment client B

I got h1b approval for client A till august 2020 but i didnt get the role so i filed amendment for another client B i got approval till dec 2018.

Got i94 validity as per first H1B

Now, i am working for client B and when i came to USA, at port of entry, they just checked my visa stamp and gave i94 till aug 2020.

H1B extension for client B

Now my company is filing extension for client B. If it is denied, if i have job at client A, can i go there and work for client A.

My employer is using the SOW till only march 2019, only 3 months from december 2018.

But i am asking the employer file with client letter,msa and all other documents.
Can i file with sow? I am afraid that they will give approval for 3 months and again i have to file extension in feb.

Can you please give me all possibilities.

My employer is mnc listed in USA and i work at client location.
Also, how can i use my i 94 to continue stay in USA. Thanks in advance.

If your original H1B has not been withdrawn by employer, then it will stay valid till its validity.

If your H1B extension is denied, you can still use your client A approved h1B to work for client A only.

1 Like

Thanks for the prompt reply. How to check whether petition is withdrawn or not.

Check on USCIS status check website with receipt number:
https://egov.uscis.gov/casestatus/mycasestatus.do

Or ask your employer if they withdrew it.

Thanks for the link. I checked with my employer it is not withdrawn. Lets say my extension for client B denied, can i use my petition for client A to stay here and file amendment for another client. My employer is exploring other projects for me if extension didnt go through.

To keep staying in USA, you have to be in H1B status I.e. maintain status for every day that you stay in USA.

And to maintain status, you will have to keep running payroll and work as per your client A’s approved Petition.

I dont have role at client A. Can i amend the petition for client c if client B extension is rejected. I have i94 validity till 2020 though i travelled for client B, at port of entry , they checked only my visa stamp which is valid till 2020.

Yes, you can file H1B Amendment and start working based on receipt.

Thanks for the info. If my h1b extension for client b denied, can i initiate tranafer to another company based on my orginal petition with client A. Client B petition end date is 12/31/2018. Client A end date is aug 2020. Can i initiate transfer even after dec 31st 2018. My passport has i94 till 2020.

You can file transfer or amendment after employer b extension is denied only if you are ‘in status’ and working for client A as per H1B approval.

If you violate the status, your application can be rejected.

Also, it is better you file for Transfer or amendment before you get result for employer B’s extension to keep yourself safe.

Thanks anil. I really appreciate your efforts and time. I am expected to get the decision within 15 days as it is filed under premium processing. After the decision, i will have one month time. Is that time good enough for transfer provided i have offer with company ready to file transfer. I never got rfe for last amendment and for my intial h1b also. I will have one month time to look for other project and file amendment using my initial h1b approval. My only concern using company is using sow valid till march along with master service agreement and purchase order. Client letter is not available with employer

All the best.
Do let me know if you need anything else.

Hi anil,

I am expected to get the decision by this month end. Even if it is denied, can i work till dec end as per the previous approval. Can i transfer visa even after that.

Yes, the current H1B approval is not affected by extension denial. You can work till the current approval is valid.