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  • Change of client on existing H1 petition...

    Hi,

    Please consider this as urgent.

    My H1 was originally filed by my Indian employer, for US client A, located at Minneapolis. When I later extended it, I forgot to renew my Visa also. So, now I have a work permit valid till Sep 2012, but Visa expired in 2009. I am still with the same employer who now wants me to work onsite for client B, in San Francisco. As my permit is still valid, the employer told me that they just need to file a new LCA for client B and I can use that to re-stamp my visa using the existing petition.

    However, I have been reading that, off late, consulates are putting on hold, or even rejecting, such cases where the Client mentioned on the petition is different from that on the LCA. People are saying that you need to file an I-129 amendment petition to get the client changed.

    Can someone please advise me, if this is really so? I have to join the client on August first week, and am planning to appear for Visa interview this month at Chennai.

    Additional Info:
    1) Petition was taken on 2007 and then, in 2009, extended till 2012.
    2) I travelled to US for two months to work for client A, in 2009.This is the only duration that I've ever spent in US, in my lifetime.
    3) I would also be getting new Contract Agreement (b/w my employer and client B) and Statement of Work from client B.
    3) My company has BEP tie up with the consulate.
    4) Both clients A and B are direct clients of my employer.
    Last edited by alephnull; 07-05-2011, 05:09 AM.

  • #2
    If your work location is different from your I-129 petition filed with USCIS, then the H1B need to be amended (For which you need a new LCA for that location). Once the H1B amendment is approved by USCIS, you can go for stamping.
    https://www.immihelp.com/h1b-petition-amendment/
    Not a legal advice. Use of this information is strictly at your own risk.

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