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  • H1 Amendment

    Hi,

    I have an H1 transferred visa to Sunny Vale, CA against my new employer, my ex employer H1 was against NJ.

    with the change in my employer, my project at CA is getting delayed since my joining on Nov 1st week of 2015 & i am continuing to stay at NJ & awaiting confirmation on projects, is this allowed? - if yes, how long can i continue to stay this way?

    There are chances of me getting into a different project possibly at SFO, CA or to a different state, does SFO & Sunnyvale fall into the same MSA, if yes will it be enough to have the LCA done?

    My family is now at India, they travelled to India from NJ during last week of december, will they be able to get back to NJ location or do they need to travel to my current H1 location of CA?
    Last edited by rvilango; 01-07-2016, 06:46 PM.

  • #2
    with the change in my employer, my project at CA is getting delayed since my joining on Nov 1st week of 2015 & i am continuing to stay at NJ & awaiting confirmation on projects, is this allowed? - if yes, how long can i continue to stay this way?
    >>> Are you currently working for employer A? If not, you are currently out of status on H1B. You should either be working for A or B at this time and get paid. If you have already quite employer A, then you should be working for B. They should pay you irrespective of whether they have work or not.

    There are chances of me getting into a different project possibly at SFO, CA or to a different state, does SFO & Sunnyvale fall into the same MSA, if yes will it be enough to have the LCA done?
    >>> No. They are different MSA. A new LCA need to be filed and the H1B should get amended.

    My family is now at India, they travelled to India from NJ during last week of december, will they be able to get back to NJ location or do they need to travel to my current H1 location of CA?
    >>> They need to carry your current employer's approval notice to show at the POE. If you are with employer B and if they travel to NJ, they can get questioned at the POE.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot Shervin for the info. please find the answers

      Originally posted by shervin143 View Post
      with the change in my employer, my project at CA is getting delayed since my joining on Nov 1st week of 2015 & i am continuing to stay at NJ & awaiting confirmation on projects, is this allowed? - if yes, how long can i continue to stay this way?
      >>> Are you currently working for employer A? If not, you are currently out of status on H1B. You should either be working for A or B at this time and get paid. If you have already quite employer A, then you should be working for B. They should pay you irrespective of whether they have work or not.
      - I am with employer B & I am getting paid, but i am yet to goto CA location based on my employers B H1 transfer.


      Originally posted by shervin143 View Post
      There are chances of me getting into a different project possibly at SFO, CA or to a different state, does SFO & Sunnyvale fall into the same MSA, if yes will it be enough to have the LCA done?
      >>> No. They are different MSA. A new LCA need to be filed and the H1B should get amended.

      My family is now at India, they travelled to India from NJ during last week of december, will they be able to get back to NJ location or do they need to travel to my current H1 location of CA?
      >>> They need to carry your current employer's approval notice to show at the POE. If you are with employer B and if they travel to NJ, they can get questioned at the POE.

      -- they also have their H4 against employer B & they are carrying it with them, just trying to understand if there might be a question of why they are landing at NJ while they are expected to land at CA, even if they consider it as transit at NJ, will there be a chance of a question about itinerary containing information about travel to CA?

      Comment


      • #4
        If you are getting paid by employer B, then yo are currently in valid H1B status. That is good.
        Regarding your dependents travelling to NJ instead of CA, if asked, then need to explain why their POE is NJ instead of CA. It is up to you on how you prepare the answers to such questions. If the VO is convinced, then there will be no issues. But be prepared to answer question related to the decision on choosing NJ ad the POE. I am not saying that will ask that. But they may. So be prepared.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Amendment

          Originally posted by rvilango View Post
          Hi,

          I have an H1 transferred visa to Sunny Vale, CA against my new employer, my ex employer H1 was against NJ.

          with the change in my employer, my project at CA is getting delayed since my joining on Nov 1st week of 2015 & i am continuing to stay at NJ & awaiting confirmation on projects, is this allowed? - if yes, how long can i continue to stay this way?

          There are chances of me getting into a different project possibly at SFO, CA or to a different state, does SFO & Sunnyvale fall into the same MSA, if yes will it be enough to have the LCA done?

          My family is now at India, they travelled to India from NJ during last week of december, will they be able to get back to NJ location or do they need to travel to my current H1 location of CA?


          Hi All,

          I got selected in last year slot, my Visa Stamping is not yet done [First Time Travelling to US] but my company have raised the amendment request on Dec 2015.
          I want to know Can I do my Visa Stamping in the middle of Amendment because it will take another 3-4 months to complete the amendment ,
          so thought to get it done in the middle. Please suggest.

          Comment


          • #6
            http://www.immihelp.com/forum/showth...-is-in-process

            Originally posted by rkohli45 View Post
            Hi All,

            I got selected in last year slot, my Visa Stamping is not yet done [First Time Travelling to US] but my company have raised the amendment request on Dec 2015.
            I want to know Can I do my Visa Stamping in the middle of Amendment because it will take another 3-4 months to complete the amendment ,
            so thought to get it done in the middle. Please suggest.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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