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H1 Amendment after location change

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  • H1 Amendment after location change

    Hello,

    I am on H1B and petition was approved for location A and client A. Last month my client got changed and I traveled to location B for client B. After traveling I realized that H1B amendment was not filed. So I traveled back to location A and started working from home for client B.

    Now I got my salary slip which has location B and state B taxes were cut. My company wants to file H1 amendment with this salary slip. They are saying that we will put a letter along with other papers saying it was an administrative error. I doubt if that would help.

    1. Shall I go ahead and file H1 amendment with current salary slip (which has state B taxes) along with the letter saying administrative error? Any chances of getting RFE or amendment denial?
    2. Shall i wait till I get next salary slip (with correct location A) and then file H1 amendment for location B. And once receipt is received then move to location B.

    I have I140 approved and do not want to create problems with GC processing at all.

    Need some advice, Please help.

  • #2
    Originally posted by rajmaha View Post
    Hello,

    I am on H1B and petition was approved for location A and client A. Last month my client got changed and I traveled to location B for client B. After traveling I realized that H1B amendment was not filed. So I traveled back to location A and started working from home for client B.

    Now I got my salary slip which has location B and state B taxes were cut. My company wants to file H1 amendment with this salary slip. They are saying that we will put a letter along with other papers saying it was an administrative error. I doubt if that would help.

    1. Shall I go ahead and file H1 amendment with current salary slip (which has state B taxes) along with the letter saying administrative error? Any chances of getting RFE or amendment denial?
    2. Shall i wait till I get next salary slip (with correct location A) and then file H1 amendment for location B. And once receipt is received then move to location B.

    I have I140 approved and do not want to create problems with GC processing at all.

    Need some advice, Please help.
    What is meant by "administrative error". Your employer should have filed for amendment as soon as you moved. I would suggest to file the amendment as soon as possible and provide clear explanation as to why the delay. If USCIS is not satisfied they may issue an RFE or approve amendment without an I-94 thereby needing you to go out of US and re enter on a valid H1 visa. The biggest issue is, with premium processing suspended, it can take months for a decision to come.

    This is my opinion not legal advice.

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