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Parallel H1B Amendment, while an existing Extension (w Amendment) is in Progress!

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  • Parallel H1B Amendment, while an existing Extension (w Amendment) is in Progress!

    Hello, I need some advice on the following:-

    My H1B/I-94 got expired on 30-Sept-2015. The Extension was filed on 4-Sept-2015 along with an Amendment; as my Original Petition Location was in Honolulu, Hawaii and I was relocated as part of same Company to Los Angeles, California in 2014. Hence, I was having a certified LCA for this location (Los Angeles), once I moved here in 2014. However, as per latest USCIS Rule, an Amendment was required for this relocation (effective May 2015 approx). The same has been taken care during the Extension Process. And the status of the Extension (with Amendment) is "Case Received".

    Now, I need to be relocated to some other place within the same Company. I'm being advised by my Company to file a parallel Amendment for this latest relocation, even though my existing Extension (with Amendment) is yet to be approved.

    My question is; what will happen, if I file this parallel amendment? Will this affect my current Extension? Which application would get precedence, if any? Should I go ahead and file this amendment? Or should I wait, till this Extension (with Amendment) gets approved first and then go for the latest amendment? Please advise.

  • #2
    As per H1B regulation, you should file the amendment before you move to a different work location. If your extension is pending, then an amendment can be filed based on the pending extension. Of course, then amendment will get processed only after the extension gets approved since your I-94 already expired. You can also upgrade your extension to premium, get the result within 15 days and then file the new amendment.
    Not a legal advice. Use of this information is strictly at your own risk.

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