H1B transfer when Amendment & Extension filed by current employer

[Srivadana]

Hi,

My H1B is filed for location 'A', but now i am working in location 'B'.

Currently i have VISA till Dec'15. My current employer filed extension directly instead of amendment yesterday only. Petition is not yet approved.

Now if i switch to new employer, my H1B will be transferred & extension will be filed for the location 'C'.

Will it create any problem to my VISA with current & new employer files the petition.

Please advise soon.

[shervin143]

Extension is something that you file post current petition expiry date. When the extension gets approved, you are legally allowed to work at location B starting from Dec 15. But since you are already working at location B, an amendment need to be filed. If there is a site visit from USCIS, then there will a problem. If such thing happens, then your extension and transfer will be in trouble. If not, you will be fine.

[Srivadana]

Amendment & extension filed together..

Extension is something that you file post current petition expiry date. When the extension gets approved, you are legally allowed to work at location B starting from Dec 15. But since you are already working at location B, an amendment need to be filed. If there is a site visit from USCIS, then there will a problem. If such thing happens, then your extension and transfer will be in trouble. If not, you will be fine.

Hi,

I just verified with my current employer & confirmed that they filed amedment & extension together.

So now, what will happen if my new employer gets H1B transferred & file extension to new location..?

[shervin143]

I just verified with my current employer & confirmed that they filed amedment & extension together.
>>> Did they file two separate H1B petitions? One for amendment (till Dec 15th) and then an extension with the LCA for the new location. If they just filed extension with LCA for the new location (which they might be calling as amendment and extension together) then it for post Dec 15th. In the interim, until Dec 15th, you will be working at a location that is not authorized by USCIS.

So now, what will happen if my new employer gets H1B transferred & file extension to new location..?
>>> Like I said in my previous reply, if the amendment was actually filed prior to filing the extension, then you are all good and I do not see any issues. If not, the transfer/extension might still go through fine as long as USCIS does not figure out that you are working for a location that is not authorized.