H1B amendment RFE pending but H1B extension approved

USA H1B
1

Hi,

I have an approved H1B with Client A and Location A till Nov 2018. I worked for sometime in 2017 and went back to India.
My employer filed for an amendment with Client B and Location B in April 2018.

I entered USA in June-2018 with the receipt and working for Client B and Location B. Since my H1B is expiring, employer has filed for H1B extension in Oct-2018 for the same Client B and Location B.

Start of March 2018, I got an RFE on amendment and provided all the documentation to the attorney.

Attorney has not yet sent the documents to USCIS on the RFE.
Last week of March, I got my extension approved till Nov-2020.

In this case, what will happen if the amendment gets denied? Since the extension got approved, do I need to still care about the amendment filed earlier.

What are my options?

2

What is the Amendment RFE about? What documents have been requested?

3

Hi Anil,

My employer didn’t share the RFE details but asked me to provide the following details

  1. My Academic qualification and certifications details , Education Evaluation

  2. Experience certificates, role and responsibilities played so far in my experience

  3. Asked employer to define, how my qualification matches to the current role I am playing in the project.

  4. Asked me to map the required skills for my role in the current project with the academic subjects in my studies

  5. Requested the Client letter with my high level role & responsibilities

  6. MSA /SOW copy

Regards,

Surya Kiran.

4

The chances are good that Amendment will be approved since extention has been approved.

But, if Amendment is denied, then there is a chance that approved extention with be issued a NOID too.

5

Thanks Anil. So in case of amendment denial … there will be an extension denial which was already approved. So we can never be confident until both are approved.

Regards,

Surya Kiran.

6

Ya… that’s how things are at this time.

7

I am in a similar situation, H1B amendment RFE pending but H1B extension approved

Below is my case specifics

H1B Amendment pending but H1B Extension Approved.

Petition#1 Approved and visa valid from OCT-02-2017 to JULY-01-2019
Petitioner-A, Location-X (End Client - XXX) but never worked at this location.

Petition#2 Amendment petition filed (normal processing) for location change on NOV-20-2018 and
started working at new location.
Petitioner-A, Location-Y (End Client - YYY)

  • RFE Received on FEB-2019
  • RFE Response filed on MAY-2019
  • Final Decision still pending

Petition#3 Extension petition filed normal on JULY-03-2019
and then upgrade to premium processing on NOV-2019
Petitioner-A, Location-Y (End Client - YYY)

  • Petition Approved on DEC-02-2019 with I-94 valid from JULY-01-2019 to JUN-26-2022.

But my question here is different.

  1. In the above said scenario is it advisable to exit US and go for Visa stamping with the extension Approval Notice (I-797A)?

  2. If i exit US now is there any chance for Amendment case denial?

8

Hi @JamesG

You can go for visa stamping with approved extension.

Amendment may or may not be denied. The decision will not be affected by your travel.