Readers ask: How Long Does It Take Visa H1b Amendment?

Typically, it will take around 4 to 6 months to process your H1B visa amendment, however, this time can vary depending on your actual circumstances. If you are in a hurry, you can choose to go with a faster route via premium processing which allows you to reduce the processing time to just 15 calendar days!

What is H1B amendment process?

To file an amended H1B petition, the employer must file Form I-129 to notify USCIS of a material change to the H1B employment. The H1B worker may not file the H1B amendment; only the employer may file an amended H1B petition. The H1B amendment filing fee is $1500 for filing Form I-129.

Does H1B amendment gets rejected?

H1B Amendment denial You have to maintain your H1B status while your on US soil. Your status changes to ‘out of status’ as soon as your Amendment is denied (if you have already started working on the amended petition receipt). At that time, you can maintain the status by moving back to already approved petition.

Can I work while H1B amendment is pending?

Yes, an employer can file another amended petition for change of worksite locations for an H-1B employee even if there is still another pending amended petition which the USCIS has not made a decision on.

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Can I transfer H1B during amendment in progress?

Yes – absolutely. Each employer’s petition is separate and distinct and will be adjudicated strictly based on its own merits.

Is H1B amendment premium processing Open?

Phase II – H1B Premium Processing Open for all FY 2021 Cap Subject Petitions: All the remaining H1B Cap subject petitions filed in FY 2021 may avail the premium processing option from June 29th, 2020. They say that June 29th is the earliest date, meaning it can be dragged further, if something changes.

How can I check my H1B amendment status?

Follow the below steps to check your USCIS case status online.

  1. Go to my USCIS Case Status Search Case Status Online.
  2. Enter your 13-digit receipt number in box below “Enter your receipt number”.
  3. Click on the “Check Status” button and wait.
  4. Once the page refreshes you will see information about your case.

How can I withdraw my H1B amendment?

Withdrawal Notice An employer can accomplish withdrawal of the petition by sending a letter to the USCIS service center which approved the H-1B petition, which in most cases will be either the California Service Center (CSC), or Vermont Service Center (VSC).

Can I withdraw H1B amendment application?

You can withdraw H1B amendment and go back to work for old client and old location as per already approved H1B terms. You can work for another client within same MSA as approved H1B without filing an amendment.

Does H1B amendment require promotion?

Answer: A promotion to a higher position within the same occupation would not normally require the filing of an amended petition, provided that the alien is required to utilize the same academic training as was required in the former petition.

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Can I file H1B amendment from India?

Yes, your new Employer can file for your H1B transfer (also called change of employer petition) from India. You will have to get a new H1B visa stamp in your passport, if the old employer withdraws the H1B on your resignation. New employer will have to get the new H1B application filed with consular processing.

Do I need to file H1B amendment for salary increase?

You will need to file an H1B amendment if the promotion makes your job duties change even if the MSA remains the same. Salary increase does not require H1B Amendment.

Can I change employer during RFE?

No, you cannot file a new H-1 petition and extension for a new employer since you are technically not in status with any employer.

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