H1B amendment on location change while original H1B approval still pending

#1
Hi,

Scenario 1:

I am in India right now. My employer filed H1B VISA.

If my H1B VISA petition is approved for location - ABC city for an example and I have NOT stamped H1-B VISA from Consular yet.

Now my employer is going to file an H1B amendment for changing location from ABC city to XYZ city (because these both cities are not in metropolitan limit), once my H1-B is approved.

What will happen if amendment of XYZ city location is rejected by USCIS?

Can I still travel to USA with originally H1-B approved petition for ABC City, Or not ? Kindly advise

Scenario 2:

Same as scenario 1 except If I would have ALREADY stamped H1-B VISA (having petition and LCA on ABC city which is originally filed), and now my employer is filing H1B amendment for XYZ city.

In both scenarios, I will be working from employer's location and NOT from client location. I have not provided client letter because I am not appointed at client location to work.

Adding another question, I have already an approved I-140 (EB3) based on previous L1-B, Do I need to work with my employer on amending new location of XYZ city location if my H1-B amendment is approved for new location?

Your advise and help here will be much appreciated!!!
 

whitemimauz3

Registered Users (C)
#2
You need to realize having USCIS approve H-1B & dept of state issuing H-1B on your passport is no good when there is no H-1B bona fide job available for you to work on. Since your employer is filing amended petition it is interpreted as if job 1 is no more available due to which employer is filing for job 2. Only good thing is you will not be subject to H-1B CAP for any subsequent filings.
Now, I could not understand you wrote under both circumstances you will be working at employer's location. If that is the case why then bother about location A or location B.
 
#3
I guess I should have more concise on posting question. Sorry about that and thanks much for your reply. Now my employer has filed for h1b to location A because the job is available there and we support our clients from any big cities in USA city, it's a huge corporate. Now we support multiple clients from our corporate offices and it's an MNC. My L1B renewal was rejected last year hence I started working from India staying on international assignment. My employer was about to file L1B to H1B status change this year if I was in USA, but sadly L1B got rejected. Only reason to change of location is working from Location B where I can have little increment and also can stay in prime location. The job still available at Location B because we support remotely, now why I am asking this question is to make sure that when I got approval for Location A, changing Location B must not jeopardize my H1B application, hence thought that if amendment for Location B is rejected, I should still be able to travel to USA using approved petition for Location A. Thanks.
 

whitemimauz3

Registered Users (C)
#4
You need to understand H-1B amendment is filed only when previous H-1B is approved. When you file for amendment USCIS would also look whether previous H-1B approval is valid good & not in error. Now coming onto amended petition they would like to see MSA, client letters, SOW. With this new guidelines kicking in from 09/11/2018, your employer should be very careful to send any or all documents at initial filing.
 
#5
Hi,

I have a question related to my 140 amendment process:
Summary:
I have an approved I 140 approved and I left that company 1 year after approval and my 140 is still valid and not been revoked by my previous employer. But 2 years ago this company got acquired by another company who is successor in interest. Now this new company who is successor in interest is offering me a role which is same job responsibility as I did earlier but Title is slightly different ( previous title was Corporate Business system analyst) and new title offered is Business Analyst.

Question: If I join this new company can I file I 485 as my Priority date is current or do I need to file amended 140 prior to filing 485 or do I need to start GC process from scratch again?

Please let me know if someone can help with this query or have similar experience?
 
#7
As long as job from employer B is in same or similar occupation from job A, you can file I-485. I don't think I-140 amended petition is required.
Thanks for your reply. Yes the job is same occupation for company B as it was with A. But the company name is changed now as the result of the merger.. will that require 140 amendment?

Also if the new company change the location as what it was previously will that have any effect?
 

whitemimauz3

Registered Users (C)
#8
Find out if federal tax ID is same as original I-140, if that is the case then then new company is actually old company except with new name. If this is not the case then I believe amended I-140 is required since location is also changed.
 
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