H1B Failed Site Visit

USA H1B
,
1

Hi Anil,

I am in bit tricky situation here:

  1. My H1b was expiring in April 2020(this is not my initial h1b. initial h1b was with different employer) so we filed extension in March & got it approved in premium. I lost project by March end due to covid
  2. I got another project for different client in different state immediately so I joined that client on April 27th remotely due to covid. My current home is in MSA of previously approved petition
  3. We initiated amendment process & got LCA certified in June 1st week as I am planning to relocate to new location though office is not opened yet. Petition was pending with attorney & was still not filed yet.
  4. I received a call from USCIS person on June 15 about my previously approved petition. I informed her about lost project & about new client and preparation for amendment. Provided her new lca details as well.
  5. My interview with uscis was not very good as I was not prepared with all the information like little bit discrepancy on my last date with the previous client and stuff. USCIS person was not very interested in my new project. She told me she just needs to verify regarding my current petition and she won’t be the one who takes the decision.
  6. Meanwhile my amendment is filed on last week of June.

From whatever I have read on online forums, I will most probably get revocation notice for my last h1b.

  1. Should I move my H1B amendment to premium?
  2. If H1B amendment is approved, would revocation of previous h1b extension matter?
  3. If revocation happens before h1b amendment is approved, would that put me in out of status?
2

Anybody has any experience in this situation?

3

@Anil.Gupta: Any comment here?

4

You have not shared what your attorney has suggested and why was there a delay in filing amendment.

5

Thanks for response @Anil.Gupta. Technically I am still in old petition MSA as new client has allowed remote working due to covid so employer had no urgency to file amendment. My title and job responsibilities are still the same. My employer attorney says nothing to worry as USCIS agent didn’t contacted him/my employer for any information. Also this was not my initial h1b. My main concern is if amendment get approved and previous h1b is revoked, would that put me out of status?

6

Hi @Miles_JJCC

This is a very narrow assumption that you did not need an amendment just because you worked from your home. It may not stand the USCIS questions in the future.

‘Out of status’ cannot be defined at this time. It depends on various factors.

1 Like
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Received NOIR in March 2021