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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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My employer failed file H-1B Amendment and as per USCIS

Customer Question

Hi,
My employer failed file H-1B Amendment and as per USCIS 01/15/16 id deadline to file Amed.
Now i got a fulltime job from another company and if they file my H1B in couple of days ..my question do i have to ask my current employer file Amend or lets wait for new company to file H1B ?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: Your employer must file the Amendment because your change will not be approved prior to the deadline.

Once the amendment is filed and received, the new employer can file the change of employer. and you can change employers upon getting the receipt notice.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

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Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Expert James replied 11 months ago.

I've sent you the offer to talk by phone. However I will not be available to do so until tomorrow. What time tomorrow, central standard time, would you be available?

Customer: replied 11 months ago.
James, if my current employer is not filed and have another week to file ..so mean time if new employer filed H-1B will be solve my issue ?
Customer: replied 11 months ago.
Can you amswer my last question ?
Expert:  Expert James replied 11 months ago.

Sorry for the delay. I thought I'd answered your questions yesterday, and was offline when you responded. My apologies for the inconvenience.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: You are basically asking me the same question, in a different way. As I mentioned before, the amendment needs to be filed. If it is not, the USCIS can view this as a failure to maintain lawful status. The USCIS is giving companies and H1B holders a grace period to fix the issue that is a problem from 6 months ago. Donut needs to be solved. They need to file the amendment or you risk being in violation. I know you do not want to, but I can't just tell you what you want to hear. Because if something goes wrong, you will come back and Blane me for it.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 10 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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