I-797 cancelled by visa officer.

[kasnanaveen]

Hi ,

I attended visa interview in Kolkata on Nov 29 2010 for H-1B stamping as my status changed from F-1 to H-1B so visa officer gave me a 221 g orange slip asking for some documents and I gave all the documents after verifying all my documents he stated "I cannot issue your visa as of now because at the time of filing the petition you were working for a different client and now you are working for a different client in that case you have to take new I-797 based on the new client and can attend visa interview at any consulate" and took my I-797 petition original also he didn't issued me any 221 g rejection form. is that a rejection? I tried to explain him that I have all the LCA's and mine is a consulting job I work for different clients he said LCA department is different from USCIS and I am supposed to report to USCIS. now someone please give me a direction? I am clueless.

Regards,

Naveen

[txh1b]

I think the officer is looking for a H1b amendment due to change in location of the client.

[milda]

Your employer needs to file a new LCA when you changed the client. This LCA will mention the new work location, and its free of cost and normally takes maximum 10days. Don't know why your employer didn't file it.

Ask him to file a new LCA, and send it to you and with that, you can go again.
[Note:- I am sharing my views, contact your attorney for the best advice]

[kasnanaveen]

Hi Milda/txh1b,

Thanks for your responses but I gave him the latest LCA filed by my employer for the new work location (current location) and tried to convince him but he still says the same thing that Labour department is different from USCIS and I need to report correct location to USCIS so I need to take a new I-797 this time. I was confused. so do I need to apply for new I-797 again along with fresh quota (60000 quota) or I can get a new I-797 immediately?

Regards,

Naveen

[milda]

As you were already on H1b, you no need to apply in fresh quota. The best thing you can do is, ask your employer to check with their attorney.

[Note:- I am sharing my views, contact your attorney for the best advice]

[shervin143]

Whenever there is a change in your work location, you need to inform USCIS by filing an H1B amendment. Just filing an LCA along is not sufficient. If you take a look at the I-129 filed by your employer, that will mention your work location and the name of the client. When you move to a new client, an amendment need to be filed by your employer. Check the below link.

https://www.immihelp.com/h1b-petition-amendment/

Hi Milda/txh1b,

Thanks for your responses but I gave him the latest LCA filed by my employer for the new work location (current location) and tried to convince him but he still says the same thing that Labour department is different from USCIS and I need to report correct location to USCIS so I need to take a new I-797 this time. I was confused. so do I need to apply for new I-797 again along with fresh quota (60000 quota) or I can get a new I-797 immediately?

Regards,

Naveen