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What happens if H1B Amendment is denied by USCIS?
Anonymous7 views5 answers
Hello, My Employer applied IN-HOUSE project and it was approved and valid till 2016. I have worked for 2 months and then I have moved to the new client in florida with the same employer. My Employer applied H1 ammendment and got rfe. If the ammendment was denied, does my H1B is still valid? Can I go back and work for the IN-HOUSE project.
Maria Vladimirovna DavydovaImmigration AttorneyWinter Garden, FL ·
It may depend on the reasons for the RFE. If the amendment is denied and you are technically already working on a different project, USCIS can view that as a violation of your H1B and revoke. If not, you will just need to work within the confines of the original H1B terms. At this point, you will need to wait and you should try to address these concerns with the attorney handling the amendment on your employer's behalf.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
Any H1B issues logically and legally must be addressed to the sponsoring company's immigration attorney vested with a professional responsibility to handle all collateral arising issues with such immigrant visas as their exact procedural completion cannot be ever resolved by a short online paragraph.
Theodore John MurphyImmigration AttorneyWest Chester, PAPA licensed ·
One of two things will happen if the amendment is denied. Your H-1b could be cancelled because of the change in conditions. Or you may be able to continue working at the original location under the original conditions. That is up to USCIS. This is an issue you should be discussing with the company's attorney.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
This question should be posed to your employers immigration lawyer, since old is your she knows all the facts about your case, we don't. As a general rule, if an application for amendment gets ultimately denied, then the entire H1B petition whose conditions have now changed, which necessitated filing the amendment in the first place, could be canceled or revoked by USCIS.
