H1B amendment from US when you receive I797B

[jindalanil]

Hi,

My wife is in US on dependent visa H4 and her company applied for her H1b after she moved to US under consular service CAP. In August 2013, she got her H1 B approval together with I-797B which is without new I-94. She is currently in US and has valid I-94 against the dependent visa.
Also she got the H1b approval for client A in New jersey, but she is going to work for different client in California from Oct-01-2013

I understand that she needs new LCA and H1B amendment because this is a material change

Q1. Does she need new I-94 against H1B to start the work? If yes, can she apply this new I-94 from US as she is in US right now or does she need to go to India for new I-94 as her H1B is applied under CAP and she got I-797B and not I-797A which is without I-94

Q2. Can she apply for the new LCA and H1B amendment from US for client and location change.

Thanks

[jindalanil]

H1 B amendment

[QUOTE=jindalanil;311480]Hi,

My wife is in US on dependent visa H4 and her company applied for her H1b after she moved to US under consular service CAP. In August 2013, she got her H1 B approval together with I-797B which is without new I-94. She is currently in US and has valid I-94 against the dependent visa.
Also she got the H1b approval for client A in New jersey, but she is going to work for different client in California from Oct-01-2013

I understand that she needs new LCA and H1B amendment because this is a material change

Q1. Does she need new I-94 against H1B to start the work? If yes, can she apply this new I-94 from US as she is in US right now or does she need to go to India for new I-94 as her H1B is applied under CAP and she got I-797B and not I-797A which is without I-94

Q2. Can she apply for the new LCA and H1B amendment from US for client and location change.

Thanks
[please advice]

[Nattybone]

[QUOTE=jindalanil;311585]

Hi,

My wife is in US on dependent visa H4 and her company applied for her H1b after she moved to US under consular service CAP. In August 2013, she got her H1 B approval together with I-797B which is without new I-94. She is currently in US and has valid I-94 against the dependent visa.
Also she got the H1b approval for client A in New jersey, but she is going to work for different client in California from Oct-01-2013

I understand that she needs new LCA and H1B amendment because this is a material change

Q1. Does she need new I-94 against H1B to start the work? If yes, can she apply this new I-94 from US as she is in US right now or does she need to go to India for new I-94 as her H1B is applied under CAP and she got I-797B and not I-797A which is without I-94

Q2. Can she apply for the new LCA and H1B amendment from US for client and location change.

Thanks
[please advice]

Hello, Anil.

Is there some mention from USCIS along with approval about the I-94? If she filed for Consular Processing, then they followed the process by not sending the I94. If you applied for COS and they did not send I-94, then that is tricky. Do try to speak to some attorney to get a perspective.

As regards amendment to H1B, that can happen from US itself. But, this I-94 needs to be sorted out too.

Wishing you luck.

Cheers,

[jindalanil]

Hi

[QUOTE=Nattybone;311595]

Hello, Anil.

Is there some mention from USCIS along with approval about the I-94? If she filed for Consular Processing, then they followed the process by not sending the I94. If you applied for COS and they did not send I-94, then that is tricky. Do try to speak to some attorney to get a perspective.

As regards amendment to H1B, that can happen from US itself. But, this I-94 needs to be sorted out too.

Wishing you luck.

Cheers,

Hi....

We applied under consular service and have not received I-94. I understand this is correct.
My wife's employer told that she needs to go to India and file amendment as her H1B is not activated and also her case was filed under consular service not as COS.
Can she file amendment before Oct-01-2013. Also how much time does it take for amendment when filed under premium processing. Her employer told that it will take 6-8 weeks under premium processing for H1B amendment. Can someone please show on USCIS site how much time they will take to amend under premium?

Thanks
Anil