Amendment before Oct 1st

[h1b2016]

Dear forum members,

My petition for Cap-2016 is approved on 24th Aug and I am yet to get the approval notice. Original petition was filed for Client A at NY location. I have never travelled to US before.

However, they have an urgent reqmt in NJ for same client with different project. Which means petition will have to be amended.

So the employer (MNC) and Client is same but project and work location are changing (from NY to NJ)

1. How risky it is to amend the petition before stamping that too before Oct 1st in this case.
2. Can I get the visa stamped with current petition as is and start working in NJ on different project? Once I land in US then I file foe amendment. What are the implications.

3. Can I get the visa stamped with current petition as is and file for amendment from India itself before travel. Get the receipt of amendment petition and travel to NJ and start working there? Or should I wait till I receive the approval for amendment.

4. Do I need to go for stamping again if petition is amended. or simply using original visa with copy of amended I797 at PoE will suffice.

Please help so that I can have better dialogue with my employer.

Thanks in Advance.

Cheers.

[shervin143]

1. How risky it is to amend the petition before stamping that too before Oct 1st in this case.
>>> It is not risky if you have proper documents to support it.

2. Can I get the visa stamped with current petition as is and start working in NJ on different project? Once I land in US then I file foe amendment. What are the implications.
>>> USCIS guidelines doesn't allow that. Amendment need to be filed before you can begin working at the new location. Also, if the VO figures out that your work location will be different from what is approved by USCIS, he/she can hand you over a 221g or may reject the visa.

3. Can I get the visa stamped with current petition as is and file for amendment from India itself before travel. Get the receipt of amendment petition and travel to NJ and start working there? Or should I wait till I receive the approval for amendment.
>>> It is advisable that you wait for the amendment to complete and then attend the visa stamping to avoid unnecessary complications. There is a premium process that will get you the result within 15 days.

4. Do I need to go for stamping again if petition is amended. or simply using original visa with copy of amended I797 at PoE will suffice.
>>> No need to go for stamping again. Old visa with the new approval notice will work.

[h1b2016]

Thanks Shervin

1. How risky it is to amend the petition before stamping that too before Oct 1st in this case.
>>> It is not risky if you have proper documents to support it.

2. Can I get the visa stamped with current petition as is and start working in NJ on different project? Once I land in US then I file foe amendment. What are the implications.
>>> USCIS guidelines doesn't allow that. Amendment need to be filed before you can begin working at the new location. Also, if the VO figures out that your work location will be different from what is approved by USCIS, he/she can hand you over a 221g or may reject the visa.

3. Can I get the visa stamped with current petition as is and file for amendment from India itself before travel. Get the receipt of amendment petition and travel to NJ and start working there? Or should I wait till I receive the approval for amendment.
>>> It is advisable that you wait for the amendment to complete and then attend the visa stamping to avoid unnecessary complications. There is a premium process that will get you the result within 15 days.

4. Do I need to go for stamping again if petition is amended. or simply using original visa with copy of amended I797 at PoE will suffice.
>>> No need to go for stamping again. Old visa with the new approval notice will work.

Thanks a lot Shervin. Really appreciate the way you take out time to answer queries of so many people Kudos to you.

Further to to my question since you have suggested that filing amendment first is the way to go-

1. What if unfortunately amendment petition runs into trouble and end up getting denied. Will that mean original petition also becomes void.

2. If it becomes void then what happens to my Cap. Will I be still cap-exempt? If Cap-exempt then can I stay with current employer only and file new amendment or i need to change the sponsor in order to avail H1B visa.

Thanks again for your patience.

Cheers!!!

[shervin143]

1. What if unfortunately amendment petition runs into trouble and end up getting denied. Will that mean original petition also becomes void.
>>> Nope. Original petition will remain valid. Just the amendment is denied so you cannot work at the new location requested in the amendment.

2. If it becomes void then what happens to my Cap. Will I be still cap-exempt? If Cap-exempt then can I stay with current employer only and file new amendment or i need to change the sponsor in order to avail H1B visa.
>>> You will still be CAP exempt. No issues to your CAP due to amendment getting denied.

[h1b2016]

Do I have enough time??

1. What if unfortunately amendment petition runs into trouble and end up getting denied. Will that mean original petition also becomes void.
>>> Nope. Original petition will remain valid. Just the amendment is denied so you cannot work at the new location requested in the amendment.

2. If it becomes void then what happens to my Cap. Will I be still cap-exempt? If Cap-exempt then can I stay with current employer only and file new amendment or i need to change the sponsor in order to avail H1B visa.
>>> You will still be CAP exempt. No issues to your CAP due to amendment getting denied.

As expected my case got little complicated. Client wants me to report on Oct 1st itself at NJ location whereas approved petition is for NYK.

Do you think I would be able to file amendment now and still get it stamped and travel to US on Oct 1st?

Is the option mentioned below still sounds risky--
Get the visa stamped with current petition.
File for amendment after that in PP
travel to NJ with receipt no./approved amendment?

Please advise.

[shervin143]

What you have mentioned will work as long as you can successfully get the H1B visa stamped. If the VO asks for the client letter and if that doesn't match with what is in your approved LCA/Petition, then it can become an issue.

As expected my case got little complicated. Client wants me to report on Oct 1st itself at NJ location whereas approved petition is for NYK.

Do you think I would be able to file amendment now and still get it stamped and travel to US on Oct 1st?

Is the option mentioned below still sounds risky--
Get the visa stamped with current petition.
File for amendment after that in PP
travel to NJ with receipt no./approved amendment?

Please advise.