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Can we amend H1B while the first amendment is pending? I filed the first one in october and traveled with LCA, I129 and Receipt Notice. Now I need to move to location X for a different client. Please let me know if multiple H1B amendments are possible?

asked Apr 12, 2016 in H1B: General by Sreekanth Enagalur (202 points)
I did my first amendment in Oct'15 from location X to Y and travelled to location Y with I129, Receipt notice and LCA. This is still pending.

Now, after 7 months, my project is complete and I need to move to location Z from Y and need to file an amendment and LCA.

Can we do H1B amendment on top of the first one which is pending?

1 Answer

+1 vote
answered Apr 12, 2016 by dan (23,600 points)


Your H1B Employer must amend even though an H1B Amendment is pending to ensure that you don't go out-of-status.

If an amended or new H-1B petition is still pending, the petitioner may file another amended or new petition to allow the H-1B employee to change worksite locations immediately upon the latest filing. However, every amended or new H-1B petition must separately meet the requirements for H-1B classification and any requests for extension of stay. In the event that the H-1B nonimmigrant beneficiary’s status has expired while successive amended or new H-1B petitions are pending, the denial of any petition or request
to amend or extend status will result in the denial of all successive requests to amend or extend status. See Memorandum from Michael Aytes, Acting Director of Domestic Operations (December 27, 2005), for similar instructions about portability petitions.  

commented Apr 12, 2016 by Sreekanth Enagalur (202 points)
That clears my confusion. Thank you Dan.
commented Aug 9, 2016 by akhere (150 points)
Does it matter if first amendment is denied or approved later on?

I mean suppose first amendment is still pending,,and then we file second amendment and start working for new client at new location after getting receipt...So now both first and second amendments are pending...

So how does it work... Do I need just second amendment approval now or first amendment still has any role to play?
commented Oct 25, 2016 by sreekanth (150 points)
what happens to 1st H1B amendment if 2nd H1B amendment got filed? will 1st H1B amendment still plays any role?

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