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Layoff on H1B
Hi Everyone
I just got to know that our office in California getting shutdown - However, my company is working with me and they have given me 3 months time to work from home.
I need to travel to India next week so here is my question
1) Does the company needs to file H1B amendment? My attorney is saying we should, even though my home location is in the same MSA. I'm a full time employee with a product based company - So no client and EVC model. No change to the material (work) other than the location which is less than 50miles from the physical office
2) My Attorney is also saying that I need to get a visa stamped before I return - I already have a valid visa until 2021 but the attorney is saying, visa is necessary since amendment is filed. Is this true? I remember one cannot go for a visa stamping if they already have a valid visa but this attorney is saying completely different story. Has the rule changed
3) Let's say we do file the amendment and I travel, now since the premium processing is not available and I'll travel back to US in 3 weeks and the amendment will be in pending status, can I travel with my current valid visa and a previously approved i797 with new pending i797 notice? Isn't this legal?
Thanks in advance. Any help will be greatly appreciated.
I just got to know that our office in California getting shutdown - However, my company is working with me and they have given me 3 months time to work from home.
I need to travel to India next week so here is my question
1) Does the company needs to file H1B amendment? My attorney is saying we should, even though my home location is in the same MSA. I'm a full time employee with a product based company - So no client and EVC model. No change to the material (work) other than the location which is less than 50miles from the physical office
2) My Attorney is also saying that I need to get a visa stamped before I return - I already have a valid visa until 2021 but the attorney is saying, visa is necessary since amendment is filed. Is this true? I remember one cannot go for a visa stamping if they already have a valid visa but this attorney is saying completely different story. Has the rule changed
3) Let's say we do file the amendment and I travel, now since the premium processing is not available and I'll travel back to US in 3 weeks and the amendment will be in pending status, can I travel with my current valid visa and a previously approved i797 with new pending i797 notice? Isn't this legal?
Thanks in advance. Any help will be greatly appreciated.
