I did not relocate but travel every week to location B for Client 2.
Can my employer withdraw H1 amendment and can I go back to work for Client 1, Location A for which petition is approved? Can my employer withdraw H1 amendment and can I go back to same MSA location A for which my petition is approved and work for a different client but similar role? Can my employer withdraw H1 amendment and can I file new amendment?
Any issue due to withdrawal? Can I join new employer once H1 transfer with premium is approved and resign current employer? What will happen if my current employer does not withdraw amendment application and RFE turns into denial for no response? You can withdraw H1B amendment and go back to work for old client and old location as per already approved H1B terms. You can join new employer after H1B Transfer approval with no issue irrespective of whether H1B amendment is pending or denied at that time or not.
If your H1B amendment is denied, you can only work for the old H1B client and location if your i94 is still valid. Thank you so much Anil for your very quick reply! Really appreciate! My I 94 is valid for 2 more years same as H1 approval date. For H1 transfer to a new employer, which document I should submit, previously approved H1 notice or receipt for amendment for which RFE is issued and response is not submitted or both documents?
Thanks in advance! As i already told you that you can file any number of H1B amendments as you wish and keep working for them after filing. H1B Transfer documents list will be told to you by your Employer attorney. You would need an approved H1B for transfer.
Sorry for misunderstanding. Understood now. Thank you very much Anil! One more question please, since I started working after amendment application was received at USCIS which is one of the right way to join new clientis there any issue with the work done for months while application is pending with USCIS and if my employer withdraws such an application without responding to RFE in case when I join old approved client or in case I transfer to new employer?
Just curious, do employers have to give a reason when they withdraw amendment petition? If so, do reasons matter? Is there any form they submit for withdrawal like form I is for H1 filing? Withdraw reason has to be given. It is a simple letter that needs to be sent for withdrawing an application. An RFE was issue to amendment to explain if specialty occupation is required for new job. My employer is working on RFE response and have time about a month to reply. In the above situation, Can my employer withdraw H1 amendment and can I go back to work for Client 1, Location A for which petition is approved?
What will supersede in this case denial or new approved H1 transfer as denial may happen later? H1B amendment Withdraw You can withdraw H1B amendment and go back to work for old client and old location as per already approved H1B terms.
H1B Denied Options, File COS to Stay in USA?
H1B amendment Denial If your H1B amendment is denied, you can only work for the old H1B client and location if your i94 is still valid. Thanks for helping people in need! Withdrawing should not be an issue. Generally, Employers do not withdraw and they do submit the RFE and get final result. Generally, the Amendment result does not affect the previous approved H1B.An H1B visa is often regarded as an entry ticket to the U.
However, maintaining an H1B visa status could prove to be troublesome. It might be necessary to get an H1B visa amendment from time to time whenever a material change occurs in the terms and conditions of an H1B visa holder. So what exactly is an H1B visa amendment and when would you need to amend your H1B visa? We will answer these questions in this article. An H1B visa amendment, as the name suggests, is all about amending your H1B visa.
There are various situations where you might need to ask your sponsoring employer to file a new petition on your behalf. If your job role is changing, or if you are changing your employer altogether, you might need to apply for a new petition. However, there are various cases where your employer just needs to apply for an amendment.
When you change your job roles, when you change your job title, or when there is a significant increase in your salary—an H1B visa amendment is needed. The repercussions could be so severe that the candidate might lose their H1 visa status and will need to be deported. Therefore, whenever any material change happens with the previous H1B petition, a new petition should be filed.
An H1B visa amendment is needed whenever any material changes happen when compared to the terms and conditions of the previous H1B visa petition. Thus, the H1B visa holder might not be required to file the H1B amendment, an amendment from the employer will work. There might be other expenses you would need to incur throughout the process. If you choose to go for premium processing, you might need to spend extra. Similar to your original H1B petition, any amendments in this application will depend on the workload of the service center that is responsible for processing it.
Thus, the closer you file your petition to the H1B visa filing season, which is somewhere around April, the longer it will take to process your amendment. Typically, it will take around 4 to 6 months to process your H1B visa amendment, however, this time can vary depending on your actual circumstances.
If you are in a hurry, you can choose to go with a faster route via premium processing which allows you to reduce the processing time to just 15 calendar days! Check Loan Options. An H1B visa amendment is important, and it is necessary for you to take it seriously. You should ask your employer to file an amendment petition on your behalf in case of any material changes, or else you might have to return to your home country.
We will send you information only that's proven to be useful. Table of Contents. Personal Loans. Useful tips delivered to your inbox.H-1B Amendment to foreign nationals visas can require exacting attention to detail in ensuring inadvertent changes in the assignment to a different work site.
If your business sponsors foreign nationals to work in domestic job sites, you need to become familiar with the circumstances that will require an H-1B Amendment. InCongress reclassified the existing H-1 Visa for foreign national workers with special areas of expertise to the H-1B Visa. Most H-1Bs are awarded to technology workers, though other fields such as science and medicine also use the program.
According to the U. Once approved, an H-1B visa allows employees to stay and work in the U. After those three years, the visa can be renewed for up to six years. An H-1B visa is the most common way for employers to sponsor professional workers in the U. Every company must petition for H-1B visas that are made available every April 1, and the visas are effective beginning Oct. They are processed on a first come, first served basis. H-1B visa holders can bring immediate family members their spouse and children under 21 years of age to the U.
Department of Labor. The LCA is a series of statements that attest to the fact that hiring the H-1B employee will not adversely affect any U. This includes the following statements:. The petition was initially approved and the worker was accorded H-1B Visa status.
The petition was eventually sent to the U. The AAO decision confirmed that a foreign national with an H-1B Visa status must seek a new LCA if he or she relocates to a new place of employment, or a new job site, that is different than the one listed on the application. Businesses that employ H-1B status workers should recognize that this ruling could affect them, especially if employees routinely move to different job sites.
Compared to other visas, the H-1B visa is quick and easy to get for qualified workers. This travel must be within the valid dates of the visa.H1B denied and looking for options to stay in USA?
Read on to find out ways to change status or file another H1B application. H1B denial rates have increased in past couple of years for IT consulting companies and the employee does not have many options if the denial comes after i94 has expired.
If you filed H1B transfer after i94 expiry, then you cannot stay in US after the denial. You must leave USA within days after denial. Your Unlawful presence begins from the next day after denial.
H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship
If you filed H1B transfer before i94 expiry, then you can go back to old employer and work for them if they have not yet withdrawn the H1B. You can also file another transfer application with same or new employer and then start working on receipt.
Assuming you have started working as per new job description or new location on H1B Amendment receipt, you can go back to old job location. If you have filed an H1B extension based on pending H1B Amendment, you can keep working using the pending extension if amendment is denied.
So, it is recommend that you start looking for other options as early as possible. You can go back to work as per the roles and terms of earlier approved H1B. Emily Neumann says that there is no clear guidance from USCIS about options after H1b amendment denial and she treats it same as transfer denial in her practice.
H1B Denial, RFE Rates High for IT Consulting Than Direct Client
If your i94 has not expired on the date of H1B extension denial, you can file another extension and keep working in USA. You can stay in US because extension is for future time period and your current H1B approval is still valid. Extension denial does not invalidate your current H1B.
If your i94 has expired and extension is denied, you should leave the US within days. You can file another extension or transfer to another employer but you should wait for approval outside US. An employer cannot revoke an H1B. An employer can only file a request for H1B withdrawal if you stop working for them.
It is important to understand an employee is obligated by USCIS to file the withdrawal once you have left the organization. Employer has no choice. You will also need to leave US immediately. You can search for a new H1B employer within this time and start your payroll on or before 60th day to get back to H1B status.Forgot your password?
I was working in one state till Dec after which I relocated to another state with same employer for a different project. H1B amendment was filed for location change which got denied in OCT I moved to new client within state and have received RFE this week for amendment.
I have specialty occupation RFE. What did you do after denial? What are the option in case of denial? Sadly I had to return to India as my immigration recommended to move back to my base location after which I can look out for new project and start the process again. You need to be a member in order to leave a comment. Sign up for a new account in our community. It's easy! Already have an account? Sign in here. All posts are moderated, so it will take time for your post to appear!
Search In. H1B amendment denied after RFE. Next options? Recommended Posts.
Report post. Posted November 1, Am I legally allowed to work for my current employer? What are my options? Any help in this matter will be really appreciated.
Share this post Link to post. Posted November 2, I am yet to receive denial notice. Posted November 16, Posted November 27, Posted November 28, Posted December 1, Create an account or sign in to comment You need to be a member in order to leave a comment Create an account Sign up for a new account in our community. Register a new account.Over the past two years, H-1B jobs that had previously been approved as specialty occupations — such as electrical engineer or computer programmer — are now receiving RFEs as responses to initial petitions instead of approval.
This is because USCIS has raised its standards of proof without a new law or regulation, and without notice. Already H-1B restrictions are causing major STEM companies from expanding their business to the United States, and deterring international students from enrolling in US undergraduate and graduate schools, as the option to stay in the United States to work under H-1B status is a major impetus for these bright students to come in the first place.
If you have received, or if your employee or client received a specialty occupation RFE this season, it is important to fight it, not just for this individual case, but for the health of the H-1B program and for the survival of STEM industries in the US. At TheDegreePeople. Here is how we do it:. First, we ask the beneficiary and petitioner to provide as much evidence and documentation they can to support the specialization and complexity of the position in question, as well as a breakdown of the factors that went into setting the wage level.
Specialty occupation issues often come hand-in-hand with wage level issues in this double RFE. We prefer to answer them both at once to save time, and also to prevent a second round of RFEs in the future. Also include a detailed breakdown of the duties and responsibilities of the job to highlight the theoretical and practical application of specialized skills and knowledge.
Second, we will take what you gave us and pass it over to an expert in the field of the H-1B job. The expert will write an expert opinion letter explaining why this job meets USCIS specialty occupation requirements.
USCIS will not accept expert opinion letters from professionals who are instructors or educators in the field alone. Visit ccifree. There are no comments to display. Paste as plain text instead. Only 75 emoji are allowed. Display as a link instead. Clear editor. Upload or insert images from URL.
Search In.H1B premium processing is getting approval within 1 to 15 days of filing. How long does H1B transfer take? The best-case H1B approval data is updated daily using the official USCIS processing times and data shared by real H1B applicants in various forums and trackers online.
USCIS will refund the premium fees if they cannot process it in 15 calendar days including weekends. If your employer is scaring you by saying that upgrading pending H1B to premium will result in denial or RFE, they are just trying to save money. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial.
If you have filed H1B in regular processing, we suggest to upgrade to premium processing so that you can get approval before October and can start working on Oct 1. Only your employer can raise the service request for the H1B application. It is possible that your case is taking longer than other similar cases and may be stuck in administrative processing. If you lose your H1B job or have left it by choice, you have 60 days grace to find another H1B sponsor.
Hi Anil, My employer applied for my first time H1-b visa last year. In November they sent RFE and my employer said they have replied to it and they have done through premium processing on January 6th, Can you please share your experience of what is happening? If they have put in premium processing it should come up in 15 days correct? Most probably, your employer has not filed for premium upgrade at all. We have not heard of any case where premium stays pending for more than 15 days.
Any idea by when I can expect a response. You should be able to get result soon. Hi Anil, My h1b amendment has been raised in Oct 11for location change and client change with same employer. Can you please let me know when can I get a approval for the same? It is with Vermont Center. Your help is much appreciated. Can u please let me know when can we get the approval for an Amendment raised at Vermont center.