My H1B petition was selected in this year’s lottery, and an RFE was issued. My project just ended, so my employer says he is going to file an H1B amendment for the case. Will this cause any problems?


One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or the petition has not yet been approved). Attempting to do so frequently causes the USCIS to simply deny / revoke the original cap H1B petition. There are possible strategies to utilize here, but these will require a detailed discussion. (31.Jul.2019)

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