DS160 Confusion

[royashish]

Hi All,

My H1B expired in sep12 and there after extension was approved for client 1, since then my assignment for client 1 got completed and now after getting lca for client 2 have moved to new location. Now am going to india to get visa stamped. what should i fill in address to stay - should it be an address where i stayed for client 1 or should it be address for client 2? also if asked in visa interview what should i be telling? i shall return back to work for client 1 or client 2?

Thanks, prompt response would be great ! pretty confused !

[kabkaba]

Address where you will stay will be your residential address. Where do you plan to stay on your return to the US?

One important thing to note. If your work location has changed simply getting a new LCA is not sufficient these days. Your employer should also file for petition amendment to reflect the new work location.

[royashish]

Address where you will stay will be your residential address. Where do you plan to stay on your return to the US?

One important thing to note. If your work location has changed simply getting a new LCA is not sufficient these days. Your employer should also file for petition amendment to reflect the new work location.

Thanks for the response kabkaba,

I shall be staying at location for Client2.
Can you provide further details on filing for petition amendment to reflect the new work location? You are talking about an amendment to the approved I797?

To clarify I work for Company X and represent X as a contractor for client1, for which i have an approved i797, there after have been working for client2 at a different location.

Thanks again !

[kabkaba]

Yes, the approved petition needs to be amended to reflect the new work location.

[royashish]

Ok, I believe that would be an I129? If so would it be a fresh petition for approval, which then can be rejected or approved by USCIS? Also what would be the consequence of appearing for interview with the current i797? thanks for all your help!

[kabkaba]

It is amendment of the previously filed petition. It will be subject to approval or denial by USCIS, but chances of denial are lower. Irrespective of that it is required by USCIS.

Not amending the petition can result in many different things such as denial of Visa by the consulate, finding of discrepancy in work location by USCIS workplace audits or problems in subsequent petitions.

Your employer should consult with an experienced lawyer to determine the best steps.