Options if H1b Amendment denied for new location

USA H1B Visa
1

Hi ,

I have valid 797 till 2021 with current client and employer , I got new opportunity in different state , what are my options if amendment get denied ?

please provide inputs

Thanks

2

You can come back to work for the employer and client for whom you currently have approved H1B petition.

3

Thanks ,

what are the options if there is no vacancy available for old client ?

4

Then, you will be ‘out of status’ and will have to leave US once your H1B amendment is denied.

5

but i have valid I-797 A till 2021 , can my employer refile amendment with new client ?

6

H1B Amendment denial

You have to maintain your H1B status while your on US soil.
Your status changes to ‘out of status’ as soon as your Amendment is denied (if you have already started working on the amended petition receipt).

At that time, you can maintain the status by moving back to already approved petition.

If you don’t move back, you will remain ‘out of status’ and adding out of status time to your name can have serious consequences.

File another H1B amendment after first denial

Yes, your employer can file another H1B amendment if first is denied. This is okay.

7

Anil ,

I am just confused with your comments

one side you are saying i will go out of status once it is denied and other side you were saying amendment refile can be possible ,

what exact rules have to follow if refiling amendment

8

Not sure why you are confused. You are NOT trying to understand.

I simply said that you have to maintain the H1B status.

If your employer files another H1B amendment, you have a pending application filed before i94 expiry and hence gives you a valid H1B status.

If you do NOT file another amendment immediately after first’s denial OR don’t go back to work for old employer, then you have NO H1B status and hence you are ‘out of status’.

Does it make sense?

9

Yes i got your point.

once amendment is denied , how soon the employer has to apply another amendment with denied client ?

10

It depends on how much ‘out if status’ time you are okay with.

The out of status starts immediately on denial.

The earlier you file, the earlier it stops.

11

Got it , Is it advisable to go for new client as per current situation ?

12

It’s your choice. Without premium processing, it’s a bit risky.

13

Thanks ,

when i have to start work at new location , is it after received amendment receipt number or before or when LCA filed ?

14

H1B amendment can only be filed after LCA approval.

15

H1B amendment can only be filed after LCA approval.
Yes i am aware of this ,

I have to start at new location after amendment filed ?

16

Yes, you should start working on amended petition only after you have filed the amendment.

17

Hi Anil,

My Amendment denied for new location but worked for the client for 4 months after denial as my employer did not update on time. My I-94 is still valid till April 2021. Can I do the VISA transfer with new employer or I have to leave the country and file amendment again from same employer?

Please suggest the options

Thanks,
Srinivas

18

You can file transfer but the violation of working after amendment denial will be tough to justify.