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Amendment and H1b Extension filed for same location

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  • Amendment and H1b Extension filed for same location

    Hi,

    Recently I got my H1b extension approved for location A.
    However my company filed amendment also for Location A, 3-4 weeks before I got my extension approved. This was done so that I can work on the new location without any hassles, as per the CIS guidelines.
    Now my amendment filed under normal processing may take 3-4 months to come (It's filed at vermont center which i suppose takes more time than other centers).

    So I wanted to know that,

    1. Will there be any impact on final approval dates based on amendment decision. H1b Extension is approved for 2 years and amendment is also be filed for the same duration.
    2. will there be change in i-797 form? petition number etc. My extension was approved from california center and amendment is sent to Vermont center.
    3. In case of denial of amendment, whether my newly approved extension will be effective?

    Thanks in advance

  • #2
    Confusing! If the extension was filed for Location A and approved, then why was the amendment filed? You already have the petition approved to work at location A.


    Originally posted by ash1183 View Post
    Hi,

    Recently I got my H1b extension approved for location A.
    However my company filed amendment also for Location A, 3-4 weeks before I got my extension approved. This was done so that I can work on the new location without any hassles, as per the CIS guidelines.
    Now my amendment filed under normal processing may take 3-4 months to come (It's filed at vermont center which i suppose takes more time than other centers).

    So I wanted to know that,

    1. Will there be any impact on final approval dates based on amendment decision. H1b Extension is approved for 2 years and amendment is also be filed for the same duration.
    2. will there be change in i-797 form? petition number etc. My extension was approved from california center and amendment is sent to Vermont center.
    3. In case of denial of amendment, whether my newly approved extension will be effective?

    Thanks in advance
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      I guess because after my extension was filed, I started working at the new location. Then CIS mandated this year that for all location changes amendment needs to be filed.
      Since my extension decision was still pending, my company filed an amendment.
      Now current situation is that extension is approved for new location but since amendment was filed just few weeks before extension approval, its decision is still pending.

      Comment


      • #4
        1. Will there be any impact on final approval dates based on amendment decision.
        >>> No impact. As long as the amendment gets approved, you are good to work at location A.

        H1b Extension is approved for 2 years and amendment is also be filed for the same duration.
        >>> Amendment would have been filed only for the location change without the request for an extension. If so, the approval notice will not come new a new I-94 attached. Check with your employer.

        2. will there be change in i-797 form? petition number etc. My extension was approved from California center and amendment is sent to Vermont center.
        >>> The number will be different. Get a copy of the amendment receipt notice from the employer to verify. However, it should not matter to you.

        3. In case of denial of amendment, whether my newly approved extension will be effective?
        >>> Yes. There will be no change to the approved extension. You just cannot work at the new location.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          1. Will there be any impact on final approval dates based on amendment decision.
          >>> No impact. As long as the amendment gets approved, you are good to work at location A.

          H1b Extension is approved for 2 years and amendment is also be filed for the same duration.
          >>> Amendment would have been filed only for the location change without the request for an extension. If so, the approval notice will not come new a new I-94 attached. Check with your employer.

          2. will there be change in i-797 form? petition number etc. My extension was approved from California center and amendment is sent to Vermont center.
          >>> The number will be different. Get a copy of the amendment receipt notice from the employer to verify. However, it should not matter to you.

          3. In case of denial of amendment, whether my newly approved extension will be effective?
          >>> Yes. There will be no change to the approved extension. You just cannot work at the new location.

          Hi Shervin143,
          Thanks for your response.
          On the third point, in case of denial you mentioned, I cannot work at the new location.
          I am not sure on this. Can you explain more.

          My current approved extension is for location A, and amendment is also filed for location A. Per USCIS (as per my understanding) in case of amendment denial previous approved extension will be effective.
          So please correct me if I am wrong, does that means in case of denial my current approved extension for location A will become effective?

          Comment


          • #6
            Well, your extension was filed for location A which is approved. So typically your amendment which was filed for that location should get approved. In case USCIS rejects that amendment, that means they have for some reason denied your amendment to work at that location (Typically this should not happen, but in case it happens). As per the last action rule, you cannot work at that location because of the denial. One option is to leave the country and return back.

            You employer should have right away file the extension with the new location instead of filing the amendment first and then filing the extension within week in premium. First of all it is a waste of money and second it is an unnecessary complication.

            Originally posted by ash1183 View Post
            Hi Shervin143,
            Thanks for your response.
            On the third point, in case of denial you mentioned, I cannot work at the new location.
            I am not sure on this. Can you explain more.

            My current approved extension is for location A, and amendment is also filed for location A. Per USCIS (as per my understanding) in case of amendment denial previous approved extension will be effective.
            So please correct me if I am wrong, does that means in case of denial my current approved extension for location A will become effective?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              Well, your extension was filed for location A which is approved. So typically your amendment which was filed for that location should get approved. In case USCIS rejects that amendment, that means they have for some reason denied your amendment to work at that location (Typically this should not happen, but in case it happens). As per the last action rule, you cannot work at that location because of the denial. One option is to leave the country and return back.

              You employer should have right away file the extension with the new location instead of filing the amendment first and then filing the extension within week in premium. First of all it is a waste of money and second it is an unnecessary complication.

              Thanks for the response. I also don't think there should be problem in approval (i have client and manager letters, SOW). However, unless you see the result there is always anxiety
              Lastly just for information, what if I ask my employer to recall the amendment? will it cause any issue going forward. I think it shouldn't be, as USCIS status is still CASE was received.

              Comment


              • #8
                Yes, that is an option. Do consult with your company attorney about that. if the period that you worked at the new location after filing the amendment and the H1B extension approval is more, then it is advisable to let the amendment go through.

                Let us say you moved from Location A to B in March 1st 2015 and your employer filed an amendment before you moved to location B. Then your employer filed the extension requesting the work location to be B on May 1st 2015 and it got approved in 15 days. It is important the amendment goes through so that you get the authorization from March 1st until May 15th for the work that you performed at location B. If this gap is very less, then it is okay to withdraw the amendment. Your attorney would know the best course of action. Do consult them.

                Originally posted by ash1183 View Post
                Thanks for the response. I also don't think there should be problem in approval (i have client and manager letters, SOW). However, unless you see the result there is always anxiety
                Lastly just for information, what if I ask my employer to recall the amendment? will it cause any issue going forward. I think it shouldn't be, as USCIS status is still CASE was received.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  Yes, that is an option. Do consult with your company attorney about that. if the period that you worked at the new location after filing the amendment and the H1B extension approval is more, then it is advisable to let the amendment go through.

                  Let us say you moved from Location A to B in March 1st 2015 and your employer filed an amendment before you moved to location B. Then your employer filed the extension requesting the work location to be B on May 1st 2015 and it got approved in 15 days. It is important the amendment goes through so that you get the authorization from March 1st until May 15th for the work that you performed at location B. If this gap is very less, then it is okay to withdraw the amendment. Your attorney would know the best course of action. Do consult them.
                  Thanks for the advise. I will post whatever happens finally.

                  Comment


                  • #10
                    Originally posted by ash1183 View Post
                    Thanks for the advise. I will post whatever happens finally.

                    I am in similar situation now..
                    can you please let me know what happened finally and what activities were performed by your company/attorney and how it went..

                    thanks in advance.

                    Comment

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