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H1b amendment not filed, any impact to future renewals/transfer/GC

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  • H1b amendment not filed, any impact to future renewals/transfer/GC

    My first employer moved me to City A on H1b. After 6 months then moved to City B without filing change of location amendment. They were going to start the amendment process after moving, but by then I got an offer from second employer. I moved to City C to start working for second employer. In all about 2 months were spent in city B without filing amendment.
    Since then I have been with second employer (8 years now) and all my renewals and PERM/I-140 went through without any issue.
    I recently came to know that this might have in violations of H1B status.
    Will this be of any issue for future renewals/transfer/GC processing?
    Will USCIS be able to find this in future and cancel my H1B?

  • #2
    Under H-1B regulations, a location change outside the original LCA area generally requires an amendment. Since your employer didn’t file one, the two months you spent in City B could technically be considered a violation. However, you’ve been with your second employer for eight years, with multiple H-1B renewals and approved PERM/I-140 filings, which significantly strengthens your position.

    For future green card processing, USCIS reviews your entire immigration history during the I-485 adjustment of status stage. While they may notice the two-month issue, you can likely rely on INA 245(k) (not sure though, you may want to discuss this with a lawyer), which allows forgiveness for status violations or unauthorized employment under 180 days. Transparency in disclosing this situation, paired with a clear explanation, is key.

    For future H-1B renewals or transfers, the risk is low since USCIS focuses more on current compliance than minor past issues. It’s unlikely they’d cancel your H-1B over this, especially with your clean history since. I used skiplegal.ai to answer this query and I usually use this website to clarify all my doubts. Please note, I am not a legal advisor.

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