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H1-Amendment required for stamping?

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  • H1-Amendment required for stamping?

    Hi everyone,
    Need your help on this one. I am currently on H1 working in the US. The Visa through which I came to US expired in Jan of this year. So, last year in October I applied for an extension and it got approved. Now, in the month of Feb, I moved from California to Arizona. Since this move happened before April 9, my employer did not file an H1-Amendment petition.
    I am planning a vacation to India in December. Since the Visa has expired, I will have to go for stamping. Now, I am getting to know from some friends that since I am going for stamping, an H1-Amendment is required. I contacted my employer and they say that its not required. I am really confused on this and don't know what to do. If anyone can help me in any way, I would be greatly obliged.

    If you read the 5th reply in the below thread, you could see a similar discussion.

  • #2
    If the job location mentioned in your form I-129 is different from where you are working now, then an amendment is required. Amendment should have been filed before you moved to the new location. It looks like your employer is trying to save money by not filing the amendment or they don't know the rules. Check the below link. Ask the employer consult a good immigration attorney.
    https://www.immihelp.com/h1b-petition-amendment/
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      If the job location mentioned in your form I-129 is different from where you are working now, then an amendment is required. Amendment should have been filed before you moved to the new location. It looks like your employer is trying to save money by not filing the amendment or they don't know the rules. Check the below link. Ask the employer consult a good immigration attorney.
      https://www.immihelp.com/h1b-petition-amendment/
      Thanks so much Sherwin. I called them again and they insist that its not required and I should travel to India and go for stamping. What might happen if I do travel and go for stamping? Will/Can the VO reject the visa request?

      Comment


      • #4
        Well, it depends on the VO. He/she may overlook the fact that you are currently working at a different location. If they figure out that your approved LCA and H1B petition doesn't match with your current work location, then they can issue a 221g.

        Originally posted by josh_abhi2000 View Post
        Thanks so much Sherwin. I called them again and they insist that its not required and I should travel to India and go for stamping. What might happen if I do travel and go for stamping? Will/Can the VO reject the visa request?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Well, it depends on the VO. He/she may overlook the fact that you are currently working at a different location. If they figure out that your approved LCA and H1B petition doesn't match with your current work location, then they can issue a 221g.
          Ohh, now that I am already working in this different location for last 7 months, can an Amendment be submitted?

          Comment


          • #6
            Yes, the sooner the better. If there is a site visit by USCIS, the you will be in trouble.

            Originally posted by josh_abhi2000 View Post
            Ohh, now that I am already working in this different location for last 7 months, can an Amendment be submitted?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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