I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer

When applying for a visa “stamp,” the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain valid, even if traveling based on an H1B amendment.

That being said, an immigration officer, such as a U.S. Customs and Border Protection (CBP) officer at a U.S. port of entry, has the discretion to question why an amendment was filed shortly after the visa was issued. So, as an added precaution, one could carry evidence that the visa application was submitted in good faith. (30.Nov.2022)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved