H1B Extension

Printable View

04-11-2012, 09:15 PM
feedmyback

H1B Extension

Question related to H-1 Extension. For better visibility I am posting it here. Gurus/admins, please delete it once it gets answered.

Gurus,

I have a weird situation and a potential problem. Here it is:

My H-1B extension is due in Sept'2012. I am currently working as a consultant for a client in Arizona. My employer is New Jersey based.

I had my previous H-1B extension while working in New Jersey in Sept 2009. Approved by VSC. Now that my work location is Arizona, if I continue here, I will have to apply for an extension at CSC.

My problem is, when I moved from NewJersey to Arizona in May 2011, I only applied for a new LCA. No H-1B amendment was done. I know there are some mixed opinions about the H-1B amendment. At least CSC has gone on record stating that a mere new LCA without H-1B amendment can even be treated as a violation of legal stay.

I have two options in front of me.

1. Continue working with the same client in Arizona (E-C model) and apply for an extension at CSC. (My family is reluctant to again relocate to NJ with in a year).
2. Go back to NJ and work there (E-C model) and apply for an extension at VSC. (Although painful, if the first option is too risky, I will have to go for it).

I really don't know if one way or the other would create any problem at all (CSC Vs VSC). My only source of some information about CSC creating problems was published recently by Ron. Here is the link:

http://www.imminfo.com/News/Newslett...-comments.html

Can Gurus please suggest me what would be the best option for me to go with before I go ahead with my H-1B extension?
04-11-2012, 09:51 PM
feedmyback

Thanks for a quick response Kanmani. I am not really sure if the following applies to me. I am a normal IT consultant working at client's location. Not sure what "Temporary Employment" means. And I am definitely not on training...

Quote:

Originally Posted by Kanmani

feed,
Is this applicable to you ?

'ExceptionsForm I-129 Filed for Temporary Employment or Training in More Than One Location: When the temporary employment or training will be in different locations, the state where your company or organization’s primary office is located will determine the appropriate Service Center to which you should send your Form I-129 package, regardless of where in the United States the various worksites are located. For example, if the beneficiary will work in Arizona and Texas, and your company’s primary office in New York, file Form I-129 with the Vermont Service Center. If the beneficiary will work in Florida and Georgia, and your company’s primary office is in California, file Form I-129 with the California Service Center.
04-11-2012, 10:06 PM
vizcard

Quote:

Originally Posted by feedmyback

Thanks for a quick response Kanmani. I am not really sure if the following applies to me. I am a normal IT consultant working at client's location. Not sure what "Temporary Employment" means. And I am definitely not on training...

I'd file at the VSC. That's where your company is based and they are responsible for your paycheck, etc.
04-11-2012, 10:17 PM
feedmyback

Thanks Vizcard. If that were a possibility, I would be the happiest person.

Quote:

Originally Posted by vizcard

I'd file at the VSC. That's where your company is based and they are responsible for your paycheck, etc.
04-11-2012, 10:44 PM
suninphx

H1B amendment is generally required only in case of 'material' change. Whether your move from one client to another client qualifies for 'material' change- your company lawyer should be able to guide you.
04-12-2012, 11:46 AM
vizcard

Quote:

Originally Posted by suninphx

H1B amendment is generally required only in case of 'material' change. Whether your move from one client to another client qualifies for 'material' change- your company lawyer should be able to guide you.

I think hes talking about a renewal and not an amendment. Unless his company has an office in AZ, there is really no risk in filing in NJ (VSC). I work for a management consulting Firm and travel for work. But my "home office" is in New York and that's where my H1B apps were filed. In fact I could work in a city where my Firm does have an office and I would still file in New York because the NY office pays my salary.
04-12-2012, 11:54 AM
suninphx

Quote:

Originally Posted by vizcard

I think hes talking about a renewal and not an amendment. Unless his company has an office in AZ, there is really no risk in filing in NJ (VSC). I work for a management consulting Firm and travel for work. But my "home office" is in New York and that's where my H1B apps were filed. In fact I could work in a city where my Firm does have an office and I would still file in New York because the NY office pays my salary.

Agree he is talking about renewal. But sounds like 'feedmyback' concern is more about 'not filing amendement for previous move and now applying to CSC for renewal'....is that right 'feedmyback'?
04-12-2012, 01:42 PM
feedmyback

Yes correct Sun. That's the concern I have. I am just thinking about what if I get into issues (during this renewal) because I never did a H1B amendment when I changed location in 2011. But what Vizcard told is giving me a little hope. Not sure how it will play out. I am still thinking that applying at VSC would give a better chance for me (if that's possible). CSC looks outright problematic.

Quote:

Originally Posted by suninphx

Agree he is talking about renewal. But sounds like 'feedmyback' concern is more about 'not filing amendement for previous move and now applying to CSC for renewal'....is that right 'feedmyback'?
04-12-2012, 02:03 PM
asankaran

I did a change of client and had applied for extension and got H1 extension approved. After that my family went to India and got stamping. I didn't apply for any H1 amendment. Check with your employer's attorney who files your H1 extension. I am sure you would be just fine.

Quote:

Originally Posted by feedmyback

Yes correct Sun. That's the concern I have. I am just thinking about what if I get into issues (during this renewal) because I never did a H1B amendment when I changed location in 2011. But what Vizcard told is giving me a little hope. Not sure how it will play out. I am still thinking that applying at VSC would give a better chance for me (if that's possible). CSC looks outright problematic.
04-12-2012, 02:06 PM
feedmyback

Sure asankaran. I am in the process of doing that. Just a couple of questions. When did you get your extension? And any idea which Service center your extension got processed? CSC or VSC?

Quote:

Originally Posted by asankaran

I did a change of client and had applied for extension and got H1 extension approved. After that my family went to India and got stamping. I didn't apply for any H1 amendment. Check with your employer's attorney who files your H1 extension. I am sure you would be just fine.
04-12-2012, 02:35 PM
suninphx

Quote:

Originally Posted by feedmyback

Yes correct Sun. That's the concern I have. I am just thinking about what if I get into issues (during this renewal) because I never did a H1B amendment when I changed location in 2011. But what Vizcard told is giving me a little hope. Not sure how it will play out. I am still thinking that applying at VSC would give a better chance for me (if that's possible). CSC looks outright problematic.

Do you know someone who was in similar situation and faced issues or this is just based on the article you mentioned in your original post?
04-12-2012, 03:00 PM
pdmay2008

Quote:

Originally Posted by feedmyback

Sure asankaran. I am in the process of doing that. Just a couple of questions. When did you get your extension? And any idea which Service center your extension got processed? CSC or VSC?

I did change client location twice, we did not apply for H1B Amendment. Just LCA filing.

But till now they used to give me 1 year extension. This time they granted me 3 year extension. I applied on Feb 9th (CSC) and it is approved on April 4th.
04-12-2012, 03:00 PM
feedmyback

In this particular regard, I don't know anyone in person except that article and another law firm also explaining in detail how CSC has been creating problems more than other service centers.

Quote:

Originally Posted by suninphx

Do you know someone who was in similar situation and faced issues or this is just based on the article you mentioned in your original post?
04-12-2012, 03:02 PM
feedmyback

That's good to hear PD. Let me see how it goes for me. Thanks a lot for sharing the info.

Quote:

Originally Posted by pdmay2008

I did change client location twice, we did not apply for H1B Amendment. Just LCA filing.

But till now they used to give me 1 year extension. This time they granted me 3 year extension. I applied on Feb 9th (CSC) and it is approved on April 4th.
04-12-2012, 06:50 PM
asankaran

My employer applied for my extension in 2011. The service center was VSC.

Quote:

Originally Posted by feedmyback

Sure asankaran. I am in the process of doing that. Just a couple of questions. When did you get your extension? And any idea which Service center your extension got processed? CSC or VSC?
04-13-2012, 12:10 PM
feedmyback

Thanks for the info asankaran

Quote:

Originally Posted by asankaran

My employer applied for my extension in 2011. The service center was VSC.
07-27-2012, 06:27 PM
feedmyback

Friends,

Wanted to share this with you all. My case and my concerns were explained above a few months back. Finally I got my H1B extension from CSC without any issues for 3 years. My concern was that I never did an amendment when I changed states. All my attorney did was to go for an amendment requesting for an extension too. Both in the same petition. So what I learnt is, even if one has not gone for an amendment for a work location change, as long as there was no USCIS client visit or as long as one does not go for stamping at a US consulate outside US, you can go for amendment at a later time too.

Thanks for all the input and suggestions from the group members and Gurus.

Quote:

Originally Posted by feedmyback

Thanks for the info asankaran