H1 B Amendment Process...

[apple121]

Hello experts

I got H1 B approved but I dint work on it while on USA and moved back to india and visa stamping also not done.

Now I wanted to come back but,my employer said to get the job yourself so that we can get client letter for H1 B amendment process.

Appreciate your help on below question:

1) I am in india,is it possible to show vendor/client that I am in USA and try to get offer letter.Then my employer can proceed for H1 B amendment and allow me for visa-stamping?

2) Will I be fine if I get RFE and client dosnot provide others docs as they were looking my joinee in 3-4 weeks.

Plz help me.

Thanks

[raghvi]

Hello experts

I got H1 B approved but I dint work on it while on USA and moved back to india and visa stamping also not done.

Now I wanted to come back but,my employer said to get the job yourself so that we can get client letter for H1 B amendment process.

Appreciate your help on below question:

1) I am in india,is it possible to show vendor/client that I am in USA and try to get offer letter.Then my employer can proceed for H1 B amendment and allow me for visa-stamping?

2) Will I be fine if I get RFE and client dosnot provide others docs as they were looking my joinee in 3-4 weeks.

Plz help me.

Thanks

1. How you plan to show you are in US when you actually are not? You can try to convince the client that you can join within a Month or so if they have the work for you and are willing to provide the documentation.
2. If you get RFE/221G unless you provide the requested documents your H1 will not be approved. It wouldn't affect your eligibility to apply elsewhere though.

This is my opinion not legal advice.

[apple121]

1. How you plan to show you are in US when you actually are not? You can try to convince the client that you can join within a Month or so if they have the work for you and are willing to provide the documentation.
2. If you get RFE/221G unless you provide the requested documents your H1 will not be approved. It wouldn't affect your eligibility to apply elsewhere though.

This is my opinion not legal advice.

Thanks for the kind information.I'll try to convince about it.
I get RFE/221G and wont able to provide requested document then
1) will they put on passport or somewhere else that you cannot go for next stamping untill you clear first OR
2) no can hire you for fresh/transferable H1? It is also possible? If yes,then I"ll never come to US

Pls suggest me.

[raghvi]

Thanks for the kind information.I'll try to convince about it.
I get RFE/221G and wont able to provide requested document then
1) will they put on passport or somewhere else that you cannot go for next stamping untill you clear first OR
2) no can hire you for fresh/transferable H1? It is also possible? If yes,then I"ll never come to US

Pls suggest me.

If they give you a 221G and hold your passport and the employer is not willing to provide the required documents you can withdraw from that petition and file with another employer.

This is my opinion not legal advice.