H1B amendment Question

USA H1B
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1

Hi,

My H1b is valid till July-11-2025. I underwent a job family change in my current employer and the job family change took effect on December-11-2024. However, the employer forgot to file an H1B amendment with this job family change. Due to some delays and paperwork my extension filing which could have been done 180 days before was also a bit delayed. After everything, the H1B extension and amendement were together filed and received by the USCIS on May-12-2025 and it was done in premium processing. On June-2-2025, got an RFE notice asking for reason behind delay in filing the amendment for job family change (by almost 4 months). To this, my lawyer has now decided to respond to the RFE by making this H1B case a NPT case and say that it was an oversight on the employers part to not file for the amendment on time. There is also clean proof that I have maintained legal status throughout the whole time during my current H1B tenure. Along with a letter asking for forgiveness for this oversight, we will be submitting W2s/PayStubs and Verification letters for the last 3 years to show I have maintained legal status.

My lawyer said there are three outcomes:

  1. H1B NPT gets approved and they give backdated approval for the amendment.
  2. H1B NPT gets rejected but H1B gets approved.
  3. H1B rejection.

(1) is best case and if that happens it will be great. Lawyer says (3) is highly unlikely.

My concern is if (2) happens. In all these situations I will hear back by 2nd week of July. But if (2) happens, then do I need to take a break in employment till I get back with a valid stamp or I can still continue to work while I travel back to get stamped?

Thanks,
-Tapan

2

any insight would be greatly appreciated. Please help out if you can.

3

It depends on how the H1B is approved in that situation.

If they approve with new i94 attached, you don’t need to travel.
If they approve without the i94, it will be a consular approval and then, you will need to exit and come back with visa stamp in passport.

5

Thanks Anil. If they approve without i94, the I agree I need to travel. But can I be employed when I go for stamping? Or wil there be break in employment till i get stamped? like will there be break in pay?

6

It depends on what H1B start date they provide.

7

so If my current H1b is ending July-11, the approved H1b can have a start date that is starting after Jul-11-2025 too? Just want to let you know that this is an extension plus amendment case.

Best case is if it starts July-11 itself. In that case, will there need to be break in payroll?

Thanks

8

Please check what start date has been requested by your employer while filing I-129.

I can’t guess it.