I have a situation where my H1 amendment petition (for new client) was approved backdated with May 30th 2023 . The ammendment petition was filed on May 18th 2023 and we received it on Dec 20th 2023. My previous I 797 before this amendment was valid till May 30th 2025. Company feels it looks like a typo and my company has filed a service request for the same. But they are saying that this puts me under out of status and I need to go back to India if we don’t hear back from USCIS within 30 days as per HR policy. But as per USCIS, they say it takes 30-60 days to respond to service requests. Has anyone been in a similar situation? My
company says they can’t file for a new amendment for a third client because the original approval technically is superseded by the new shorter approval. Is that really true? What should be correct action that one needs to take in such a situation?
I don’t understand the problem even if amendment is approved with back date.
The approval is still valid. Have you missed sharing any detail?
As per ammendment validity is only till May 30th 2023 and now its Dec 2023 so HR is saying we are out of status and our previous I797 validity till May 2025 doesnt hold good anymore.
I will try to make it more clear.Our H1b visa came in earlier but bcos of Covid we didnt travel. We reached US in 2023 and we filed for extension which we got till May 2025.But on May 18th applied for H1 amendment as the cliebt changed and we had to move to a different city and we got the amendment approved only last week (dec 2023) and as per the ammendment the end date is May 30th 2023.
The HR thinks its a typo error instead of 30 may 2025 USCIS wrote 30th may 2023 and have send a request for service. But they are saying if we dont get a reply from USCIS within 30 days and we will need to go back to India as per HR policy.USCIS website is saying that it can take between 30 to 60 days to get response to service request.As of now I am on unpaid leave since yday as I am out of visa status. Is there anyway to deal with this situation so that we dont have to go back to India if we dont get a reply from USCIS in 30 days especially since its holiday season and there are lots of holidays.
It would be really helpful if some one can suggest what are the possible steps that one can take such an instance.
Thank you