H1B petition amendment and extension question

[praveenvas]

Hi, I am in India and have a H1 petition that is valid till July 2014. I have not got my visa stamped yet and obviously, not traveled. My new project needs me to travel to the US. Since there is a change in the client/project details like work location, I am told that an amendment needs to be filed.
1. Is there a premium processing option for the amendment? What is the expected duration to get a decision on premium processing and normal processing?
2. Will the amended petition validity end date be the same as my existing petition (July 2014) or is there a possibility of extending the petition end date based on the client letters which states that my project end date is April 2016? Is amendment and extension possible together?
2. Is the visa validity date always less than or equal to the petition validity end date?
3. If the amendment and extension cannot happen together, I will have to file an extension as soon as I land in the US. However, the decision on the extension may in all probability come after the visa end date (July 2014). Can I continue to stay in the US beyond July 2014 (on expired visa) till such time I hear on the extension decision?

Appreciate your response.

Regards
Praveen

[Nattybone]

Hello, Praveen.

Please find my suggestions inline, below.

Personal opinion.

Cheers,

Hi, I am in India and have a H1 petition that is valid till July 2014. I have not got my visa stamped yet and obviously, not traveled. My new project needs me to travel to the US. Since there is a change in the client/project details like work location, I am told that an amendment needs to be filed.
1. Is there a premium processing option for the amendment? What is the expected duration to get a decision on premium processing and normal processing? I am not 100% on this, but what i understand is that you could do a Premium Processing for an amendment. In Premium, 3-4 weeks is the timeline. In normal, it could take months.
2. Will the amended petition validity end date be the same as my existing petition (July 2014) or is there a possibility of extending the petition end date based on the client letters which states that my project end date is April 2016? Is amendment and extension possible together? When an amendment / transfer is filed, generally a date of engagement is also provided. When amendment is filed, a new date will have to be provided. E.g. hypothetically: 18 months from let's say July 1, 2014. Now, if it is approved, your new I797 will carry amended details and a new end date. (whatever requested by the employer)
2. Is the visa validity date always less than or equal to the petition validity end date? The visa is the stamp on your passport, which is normally the same as your I797. But, it could differ when you are already in USA and then file for an extension. Then your passport will carry the old date but your I797 will have a new date.
3. If the amendment and extension cannot happen together, I will have to file an extension as soon as I land in the US. However, the decision on the extension may in all probability come after the visa end date (July 2014). Can I continue to stay in the US beyond July 2014 (on expired visa) till such time I hear on the extension decision? As you mentioned that your client / project has changed, i am not sure if it is a good idea to travel on this petition. You still have not got your visa stamped, and they will ask you questions regarding your project and client during the interview. They might deny you the visa.

Appreciate your response.

Regards
Praveen