[Urgent] Employer re-filing H1B to restore status

[kcr194962]

Hi,

I work for a company at location X but in the past year I've been working remotely from location Y which is in other state. My team was aware of this and allowed the remote work "unofficially" but we didn't inform the immigration team about this to avoid amending the H1B visa since the remote work wasn't permanent.

Now I've decided to permanently move to location Y and requested a H1B amendment for change of address. But the immigration team found out from my manager/HR how I've been working remotely out of state for several months and said that I have "not been maintaining my H1B status" by working remotely in the past. The company has put me on unpaid leave and given me two options to re-establish my H1B status as valid while they "re-file" my H1B.

Option 1: Go back to home country and continue working for the company while they file my H1B amendment. Then I can re-enter the US and continue working for the company.

Option 2: Stay in the US on unpaid leave while they file my H1B amendment. I would need to exit and re-enter the country to "activate" my H1B visa and only then can continue working for the company.

I've asked around and seems our immigration team is being strict about this especially since they require me to need to re-enter the country. The reasoning they provided is "The new H-1B approval notice will not contain an I-94 record indicating your current immigration status. To obtain a new I-94 and demonstrate that you are in proper H-1B status, you must depart from the United States and re-enter."

I asked if they could just process only the amendment for the change of address but they said since my current status is not valid, they are unable to request an amendment for it. However, they will file an H-1B amendment to reinstate my eligibility for H-1B classification

I'm planning to choose Option 2 since I find it risky to go back to my home country and there could be issues if my H1B amendment gets rejected for some reason.

Any advice on whether that is the correct option? Is there anything I should clarify with my employer before I tell them to initiate the H1B amendment process?
Also, it's not clear to me how these changes would affect my current H1B visa and future issues I might face in immigration (H1B renewal, questions form immigration officers at port of entry, etc).

[SanjeevanTatru]

I understand that you are facing a challenging situation regarding your H1B visa status and the need for an amendment due to your remote work arrangement. It's important to consult with an immigration attorney to get specific legal advice tailored to your situation. However, I can provide some general insights.

Choosing Option 2, staying in the US on unpaid leave while they file your H1B amendment, seems like a cautious approach given the potential risks of leaving the country. However, it's crucial to have a clear understanding of the implications and potential consequences of this decision.

Before initiating the H1B amendment process, consider clarifying the following points with your employer:

1. Confirm the timeline: Obtain a clear timeline for the amendment process, including estimated processing times, so you can plan accordingly.
2. Understand the impact on your current H1B visa: Ask your employer or immigration attorney how the amendment process will affect your current H1B visa status and whether there will be any changes to your existing visa validity.
3. Future immigration issues: Inquire about potential implications on future immigration matters such as H1B visa renewals or potential questions from immigration officers at the port of entry. Understanding these potential issues can help you prepare for any challenges that may arise.

However, it's crucial to consult with an immigration attorney to get accurate and up-to-date advice based on your specific circumstances. They can provide guidance on the best course of action and help you navigate through the H1B amendment process while minimizing risks and ensuring compliance with immigration regulations.

Remember that immigration laws and policies are subject to change, so it's important to rely on professional legal advice to make informed decisions regarding your visa status and immigration matters.