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  • H1B amendment and H1B Transfer

    Hi ,
    I had one question and need your help.Please Advise!!

    I'm currently working for employer A on client XYZ.My client office premises got moved so my employer A filed an H1B amendment which is still not approved.The amendment was filed 4 months ago.

    Now my client XYZ is offering me a full time position.I have the following questions:

    1.As my H1B amendment is still pending approval,can I ask my prospective em[ployer(my current client) to still go ahead and file my H1B transfer?

    Will USCIS issue an RFE in this situation?

    2.Is there an option for premium processing for H1B amendment?Should I ask my current employer to refile my h1B amendment in premium processing so that the approval can be made faster and after that I can initiate the visa transfer with my new employer?

    3.If my new employer still files my H1B transfer while the earlier visa amendment is awaiting approval,what happens if the amendment gets approved AFTER the visa is transferred to the new employer?

    Do I need to ask my employer to cancel the amendment?

    Please advise.

    Thanks in advance.

  • #2
    This is what i came to know.

    Here is the story, if the initial petition expires (end date 11/2016) then the amendment (filled 07/2016) has no value and the extension (filled 11/2016) is considered as an new application.

    The dependency does not exists between the two ..how true is this ??


    Originally posted by Andysap View Post
    Hi ,
    I had one question and need your help.Please Advise!!

    I'm currently working for employer A on client XYZ.My client office premises got moved so my employer A filed an H1B amendment which is still not approved.The amendment was filed 4 months ago.

    Now my client XYZ is offering me a full time position.I have the following questions:

    1.As my H1B amendment is still pending approval,can I ask my prospective em[ployer(my current client) to still go ahead and file my H1B transfer?

    Will USCIS issue an RFE in this situation?

    2.Is there an option for premium processing for H1B amendment?Should I ask my current employer to refile my h1B amendment in premium processing so that the approval can be made faster and after that I can initiate the visa transfer with my new employer?

    3.If my new employer still files my H1B transfer while the earlier visa amendment is awaiting approval,what happens if the amendment gets approved AFTER the visa is transferred to the new employer?

    Do I need to ask my employer to cancel the amendment?

    Please advise.

    Thanks in advance.

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