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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28072
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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H1B Amendment, My Employer is going to file H1B amendment

Customer Question

JA: Hi. What is your issue regarding?
Customer: H1B Amendment
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: My Employer is going to file H1B amendment after 4 months i started working for the Client. How much chances of approval will be there ?
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Initially i done my H1B Transfer for Client A and it got approved till Jan 2019 . But the Project didnt started and I moved to Clent B and started working. But my employer haven't filed amendment till now and he is going to file amendment now
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Did you employer file an LCA for B when he moved you from A to B?


Expert:  Judith replied 1 month ago.

What is the investment level and what country is he a citizen of ?


Expert:  Judith replied 1 month ago.

Your employer had until August 19 2015 before the new guidance on Matter of Simeio took effect.

Since your petition was after that date you were out of compliance as of the time you no longer worked for A if B was outside the same metropolitan statistical area.

Your employer will need to file an amended petition and for you to clear your past history of non-compliance depart the US and re-enter to work for B.

You and your employer can read more about the USCIS policy in their Memorandum at this link

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