Filing Amendment For Pending H-1B Petition

My wife came to US on H-4 initially and applied for H-1B. She has got RFE asking for more project details. She got one job offer meanwhile and her employer replied for RFE also filed separate Amendment petition with new job offer details. We have got approval for H-1B without I-94 details. Shall we expect I-94 once the Amendment process is approved?

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ANSWER: 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2384

 

FAQ Transcript

This FAQ is on “filing amendment for pending H-1B petitions”.  

Let me explain to you, what the problem is.  Let’s say I apply H-1B for myself and I am going to work for IBM as the end client. When we filed the case suddenly in 3 months my client changes now I am going to work with Sun Micro systems. Can I file amendment in midstream and the answer is very problematic.

Normally, USCIS they used to be OK until a year ago.  Last year or so USCIS have been saying if your situation changes while the case is pending, we will not accept the change. You have to file H-1 again and if you are out of status you have to go outside USA for visa stamping.

See in your spouse’s case there is little bit of a better situation. In that she is still on H-4 maintaining status. They applied for amendment separately, it might work. If she is a quota case that becomes another problem because if first case is not approved tenth amendment cannot be approved, just keep that in mind. 

 

 

Nonimmigrant Visas: 
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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