Welcome to H1BSupport.Com, please Ask a Question and an H1B Expert will provide an answer within 24 Hours!
Ask a question:

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?

2,914 views
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 (24,404 points)

Sreekanth,

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?

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

Most popular tags

h1b h1b-transfer h1b-visa-amendment visa h1b-visa-transfer h1b-extension h1b-sponsor-required h1b-sponsorship-2017 h1b-rfe h1 h1b-cap-exempt transfer i-am-looking-for-h1b-visa-sponsor-company-or-recruiter stamping rfe h1b-amendment dropbox h1b-portability-regulation -when-my-cap-exempt-petition-is-denied h1b-filed-by-multiple-employers approval h1b-specialty-occupation-rfe opt-stem-extension am-i-eligible-for-h1b-cap-exemption-unused-and-unexpired-h1b-petition f1 opt extension h1b-soc h1b-2017 visa-h1b how-to-get-h1b-approval-notice lca rule question h4 cap h1b-change h1b- h1b-stamping-221g-admin level-1-wage-h1b-rfe -revoked h1b-stamping #h1b2017 h1b-visa-stamping-verify-eligible-for-drop l1b-h1b h1b-denial -2016-2017-h1b-applications h1b-dropbox h1b-extension-h1b-amendment-occur-simultaneously stamping-interview h1b-rfe-client-letter generally-what-kind-of-questions-do-they-raise-at-poe h1b-application-paystub-necessary ds-160-formfilling h1b-cap-exempt-lca-and-processing-time -how lottery job box b exempt card travel - #h4 #out_of_status how-long h1v-visa i-140 rejection-letter h1b-case-status-transfered h4-to-h1-h4goingtoexpire clientchange h4-visa-dependent-holder-work ac21 h1b-consulatenotified h1bapproved-cosdenied-paidleave 2016-2017 port-eb3-eb2-i file-perm-premium-processing-h1b part-time-h1b h1b-transfer-premium h1b-premium-fee h1b-filing-fee -which-one-eligible-for-cap-exemption h1b-from-multiple-employer-for-lottery-system education-certificates-for-h1b-filing please-help-me-to-find-an-employer-to-sponsor-cap-exempt-petition uscis-to-begin-premium-processing-of-h-1b-cap-subject-petitions-by-april-28 how-to-ensure-your-h1b-is-filed-and-what-if-not-picked-in-the-lottery -visa-stamping my-passport-expiration -h1b-processing h1b-lottery -will-any-issue-arise h1b-cap-exempt-beneficiary h1b-7thyear regarding-i-94-correction cpt-to-h1b rfe-on-specialty-occupation-for-h1b-1
...