I797A valid but H1B amendment denied


(C T) #1

Hi,

H1B i797A valid

I am working in company A and they filed my H1b. I got approval (June 2017 ) and I797A has date till Nov, 2019.

H1B work location change amendment denied

Meanwhile my company shifted to a new location and had to file amendment. (Mine is a product based company and NOT consulting).

My amendment went into RFE on June 2018 and was responded.
But today i got a mail the My I129 petition is denied.

My I-94 admin records show validity till Aug 2018 (expired) and visa stamp is also till Aug 2018 (expired). I dont know the denial reason yet.

Questions:

  1. Can i still work in company A as amendment for change of address has been denied and company has moved to this new location?
  2. Does I797A takes precedence over denied I129?
  3. What are my options? Can i apply for H1 transfer?
  4. Do i need to go back to India?

Regards,

tallury


H1B Amendment cum extension denied due to office relocation
(Anil Gupta) #2

Why was your i94 validity (Aug 2018) shorter than your H1B i797a validity of Nov 2019?

Any reason?
Is your current employer your original H1B employer?


(C T) #3

No Anil, My orginal emplyer was different when i came from India in March 2016.

So my I94 record (online shows) same date as to what is in visa stamping and orginal petition.

Then i switched to new company as Full time and got new approved I797A valid till Nov 2019.


(Anil Gupta) #4

Ok… I suspected that because of your i94 expiry and you did not write about it earlier.

Check i797A for most recent i94

Anyway, the second thing is that when you got your H1B transfer approved, you would have got a new i94.
Where is that new i94 and what’s it’s validity?

Check the i797A form, the new i94 would be attached to it at the bottom.


(C T) #5

ya i see it now. Its validity is till Nov 2019


H4 Extension Denied. I94 expired - how much is the grace period?
(Anil Gupta) #6

Ok… so, this i94 is your most recent i94 that should be counted.

H1B amendment denial - you cannot work at new location

Based on your current situation, you can ONLY work with your current employer at a work location that was approved in previous H1B I. E. Before H1B amendment.

Return to Old work location

You can return to that old location and other conditions mentioned in that H1B application and work.

Or if you can’t, then, you cannot work as your amendment has been denied.

Out of status - if not working

You will be counted as ‘out of status’ if you stay in US without working as per your H1B conditions.

File H1B amendment again or H1B transfer

You can file H1B Transfer at this time or file another amendment.


(C T) #7

Sure Anil. Thanks for replying so quick.I really appreciate.


(C T) #8

Hi Anil,

Since i cant go back to the old office as my company vacated that address and shifted to new address.Can i work remotely (Work from Home) ?


(Anil Gupta) #9

No, you cannot.

The main thing to understand is that you have to work as per whatever is mentioned in your approved H1B Transfer application.

If you do not, you are essentially violating the H1B terms.


(C T) #10

Sure Thanks Anil.I understood.