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Does H1b suspension news on Jun 22 affect H1b Amendments?

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  • Does H1b suspension news on Jun 22 affect H1b Amendments?

    Hello all:

    I recently received a promotion and my HR has mandated me to file for a H1b visa amendment to reflect the role change, in order to receive the promotion.
    On June 22, 2020 (last week), there was a news that President Trump declared a suspension of H1b visas. I have two questions -

    1. Will this suspension affect, or put risk on my h1b amendment petition which will be filed for promotion reasons? If yes, would you recommend that I hold off filing this amendment till the suspension is revoked?
    2. Do H1b visa amendments, in any case, require you to travel outside USA for reasons like consular visit or stamping? If yes, is there anything I can tell/instruct my company's legal department so that they can file this petition in a way that this travel can be avoided?



    I request you all immigration knowledge holders to please help me with the above questions.


    More details about my promotion (if it helps) - This is an in-line promotion where my role/duties remain almost similar in nature (data engineer), but the role increases in seniority. The title changes from a 'Consultant' to an 'Advisor'. I am a full time employee.

  • #2
    Originally posted by A4PP View Post
    Hello all:

    1. Will this suspension affect, or put risk on my h1b amendment petition which will be filed for promotion reasons? If yes, would you recommend that I hold off filing this amendment till the suspension is revoked?
    >>> No, the EO does not affect those already on an H1 and are working in the US. Amendments / Extensions can be filed (even premium processing is available)

    2. Do H1b visa amendments, in any case, require you to travel outside USA for reasons like consular visit or stamping? If yes, is there anything I can tell/instruct my company's legal department so that they can file this petition in a way that this travel can be avoided?
    >>> No., assuming you have not violated the terms of a visa, or overstayed in the past.

    Opinion only. Cannot be construed as legal advice.

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