Ameneded H1B

[ashes2010]

I had my h1 approved on oct 2009 and at that time my lca was filed as programmer in state of NJ. till nov 2010 I was on a different networking project in NJ. After that i got another job in wisconsin in Networking. I have currently EVVC model and I am working in other state where my LCA is still from the NJ state.

My new LCA is filed for state of WI by my employer.

Do I need to file amended H1B?

I am f1 to opt to h1 person.

Thanks

[shervin143]

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

[ashes2010]

Thanks Sherwin,

I have too many questions, Thanks in advance for the answers,

When we file the H1B amendment, do We have to file new I 129 petition?Is that the same I 129 petition when we file the first H1B? Do people get RFE's when they file H1B amend? Have you noticed any rejections on those cases??

I have not seen any person doing the H1B amend and my empoyer is also clearly saying that you don't need H1B amend. I am having EVVC model Btw.

How much the H1B amend costs? I think my employer dosen't want to file H1B amend because its going to cost him. But if its very critical for H1B stamping that i am planning in a month or two, I am ready to take care of that H1B amemd expense.

My employer has filed new LCA for state of WI as network engineer so that issue will be solved.

I am plannning to go to canada for stamping and my employer also said that you can not go to canada eventhough you have f1 to opt to h1 scenario. Consulate in canada routing people to India, he said. Thats not an issue as well because anyway I am going to India. If Canda will route me to India then I will also apply for India consulate.

on a safe side, I know about those PIMS delay and all so I will take care of those before I will go to canada...I found Ottawa is a better place in canada..

Is there anything else we can take care before stamping? I have every month to month pay cheque till date and Have 2 W2's as well without any gaps. I will be able to get all the necessary letters as well like client,vendor etc...

Thanks

[shervin143]

H1B amendment is necessary in your case. Yes, there are chances that the H1B amendment can be rejected if there is no enough evedence to prove that you will be actually working in the new location / Client. Amendment of an already approved H1B petition will cost $325. Ofcourse a new I-129 has to be filed to amend the petition. Go to uscis.gov and download the form I-129 and read the instructions there. Also, you can find the latest filing fee there. Since you have completed your studies in U.S, you are eligible to go to Canada for the 1st time H1B stamping.

[ashes2010]

Thanks Sherwin,

I have a silly question, If the H1B amend gets rejected for somehow reason, what will be my status? Will I be on the H1B still??

Thanks,