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H1 Amendment - Moved before Amendment approval

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  • H1 Amendment - Moved before Amendment approval

    My current H1B is expiring on 12/20. My employer filed amendment + Renewal in November as I planned to move for the same company in a different location (state).
    USCIS issued RFE seeking clarification if the applicant moved before amendment was approved. They noticed that my paystubs are reflecting the address of the new state.

    To give you some background - I moved to new location because I didn’t have insurance coverage for my family in the new state. The insurance provider that i had in my earlier state doesn't operates in new state. Hence to trigger the event change, I had to change my address on company's HR portal.

    Pls suggest what would be the best way to tackle this scenario. What explanation can be provided to USCIS.

  • #2
    Hi Member,
    As per my knowledge, In this scenario, it is very hard to satisfy USCIS officers to get the approval. As per the rule, you must have filed the Amendment before you relocate to the new location. And also you have maintained the record stating you are in the new location.
    The reason that you are mentioning is not a valid and acceptable one too. It is really very hard to get succeed on this case.
    Please consult Immigration Attorney then move forward.
    Thanks

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