H1 Amendment Denied

[ann88429]

hi

My h1 got approved in 2014 for 3 yrs and i am working for an employer which has a hierarchy as (client-vendor-employer) due to some issues between with client - vendor now client got a new vendor it changed to my relation to (client-vendor1-vendor2-employer) i got a new layer in between i made amendment as it is change,now my amendment got denied

1) will my previous h1 get reject due to amendment got rejected ?
2) can i travel to India with the old I-797 which is valid and i need to go to stamping for first time

please reply if you have any idea regarding this.

thanks.

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[ann88429]

hi ,
every one i got my documents in which it said the old h1 which is present will be valid and they denied the amendment due to extra vendor which is not useful (if your amended H-1B petition is denied, but the original petition is still valid your H-1B employee may return to the worksite covered by the original petition as long as the H-1B employee is able to maintain valid nonimmigrant status at the original worksite.)

Still the 2nd question remains same - "can i travel to India with the old I-797 which is valid and i need to go to stamping for first time. does, amendment will make any black marks in history "

if any one knows please reply.....

[lisaanderson]

hi

My h1 got approved in 2014 for 3 yrs and i am working for an employer which has a hierarchy as (client-vendor-employer) due to some issues between with client - vendor now client got a new vendor it changed to my relation to (client-vendor1-vendor2-employer) i got a new layer in between i made amendment as it is change,now my amendment got denied

1) will my previous h1 get reject due to amendment got rejected ?
2) can i travel to India with the old I-797 which is valid and i need to go to stamping for first time

please reply if you have any idea regarding this.

thanks.

Why was the amendment denied? I’m assuming you let an attorney file the amendment? If you and your employer attempted this on your own, then it’s no wonder it was denied.

In this case, the amendment denial creates a serious problem for you, as the situation in your original H-1B no longer exists. The underlying H-1B has changed and if USCIS doesn’t feel like you qualify for H-1B status because of the change, then you need to stop working or your employer needs to immediately file a Motion to Reopen to fight the denial.

As an alternative, you should immediately find a new job and transfer the H-1B. Going to India for stamping right now is not a good idea.

[ann88429]

@lisaanderson thanks for the reply
as we are adding a new vendor, my attorney suggested me to file an amendment and we did it through him, but as it got rejected due to 2 reasons ,1st middle vendor didnt provide ample of documents why he need to be added and second they said there is no necessity to add one more layer in between .now we didn't allow that new vendor to join and i am in the same situation as in original H-1B .same location, vendor and client.so its not a problem as long as we are in the same situation as the original H1b conditions and having all client letters and documents can i go to stamping with my old h1 , will that denied amendment will create any problem in stamping.