Clarification needed in Amendment Process

[thavaganesh]

1) Got a H1B petition approved from my employer on Jan 2010.
2) Petition Expiry date is Dec 2012.
3) Traveled to Canada before the H1 Approved petition could arrive because of some delays in getting the approval. So I don't have the Stamping of my current Employer in my Passport.

I'm still in Canada and would be returning after 3 months to India.

My Employer now has a Project for me in US in a different location than the one in my approved H1B petition. My Employer wants to Amend my H1B Petition.

Can they do the Amendment process while I'm still in Canada, so that I can get the stamping when I return to India.

[shervin143]

Yes.

[thavaganesh]

My Current Petition Expiry date is Dec 2012.

Will the Expiry date change after the H1B Amendment is made?

[shervin143]

Depending on the new project itinerary, the duration can change. If your employer cannot show enough evidence to prove that the project at the new location will go until Dec 2012, then there can be a change in the expiry date of the amended petition. If the project goes beyond Dec 2012 (assuming you still have more time left in your H1B 6 year CAP), then they can request that too. So that the new approved petition can have a validity beyond Dec 2012.

My Current Petition Expiry date is Dec 2012.

Will the Expiry date change after the H1B Amendment is made?

[thavaganesh]

Awesome.....Thanks a lot for your quick responses...