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Do we need new I-94

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  • Do we need new I-94

    When I was in India, my company filed H1B for me. In May, 2013, I came to US on a
    dependent visa and I got I-94 on arrival in US against the dependent visa.
    Early this month, I received H1 B approved petition without any I-94

    1. I am told that I need new I-94 against H1B. There are 2 ways to get it
    a) Travel to India and get H1 B stamped from India and re-enter US,
    b) File amendment from US. Please advice If its filed from US under
    premium processing, how much time will it take. My project start date is
    Oct-01-2013.


    2. Can I start the work once the amendment is filed, or do I need to wait
    till the amendment is approved

    3. My H1b petition and LCA are approved for Project with Client A in North Carolina. I got new Project with Client B in INIANA. Do I need new LCA
    to work with Client B ? My role and responsibilities are same with both the clients
    Also is there any need for H1b petition amendment ?

    4. In Case, H1B amendment is required, can I start working with client B
    from Oct-01-2013 if the H1b amendment is filed but approval is not received

  • #2
    Originally posted by cooldude23 View Post
    When I was in India, my company filed H1B for me. In May, 2013, I came to US on a
    dependent visa and I got I-94 on arrival in US against the dependent visa.
    Early this month, I received H1 B approved petition without any I-94

    1. I am told that I need new I-94 against H1B. There are 2 ways to get it
    a) Travel to India and get H1 B stamped from India and re-enter US,
    b) File amendment from US. Please advice If its filed from US under
    premium processing, how much time will it take. My project start date is
    Oct-01-2013.
    -- Premium processing may be available, your employer's lawyer will know.

    2. Can I start the work once the amendment is filed, or do I need to wait
    till the amendment is approved
    -- You will have to wait until it gets approved.

    3. My H1b petition and LCA are approved for Project with Client A in North Carolina. I got new Project with Client B in INIANA. Do I need new LCA
    to work with Client B ? My role and responsibilities are same with both the clients
    Also is there any need for H1b petition amendment ?

    -- Yes, new LCA needs to be filed for new work location and petition needs to be amended to reflect the new work location.

    4. In Case, H1B amendment is required, can I start working with client B
    from Oct-01-2013 if the H1b amendment is filed but approval is not received
    -- If you were already in H1 status you could have started working with amendment receipt, but since you also need to change status amendment has to be approved.

    See above.
    This is my opinion and not legal advice.

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