«

»

Dec 29

H1B Amendment with Amend to Stay and Amendment with Extend to Stay

What is H-1B Amendment and what is Amend to Stay?

To start with, the petitioner (employer) files the beneficiary’s H-1B petition.  If everything is okay, USCIS approves that H-1B petition. Whenever a material change happens (different scenarios are explained below), the petitioner files H-1B amendment petition for the beneficiary with the USCIS. Based on the scenarios, an amendment petition is filed with extension or Amend to stay (without extension of stay).

Amendment Scenarios Examples:

  • When the beneficiary changes from one location to another;
  • When the beneficiary has to work in more locations;
  • When the beneficiary works from his home location instead of previously mentioned address;
  • Where the Beneficiary changes from full time to part time or vice versa;
  • When there is a change in the duties;
  • Whenever there are typos or mistakes the previous petition, which is filed and pending or approved.

AMEND TO STAY Example:

The petitioner filed H-1B petition on H-1B CAP. USCIS approved petition for 3 years (1-jan-2010 to 31st December 2012). Beneficiary worked for 2 years (1-jan-2010 to 31st December 2011) with the same employer and same client. On 31st December 2011, the contract ended with the client. So the petitioner found a new client and the petitioner signed an agreement with a new client for next 3 years from 1st January 2012 to December 2014.  Since the old petition has been approved until 31st December 2012, the petitioner can file for AMEND TO STAY (until 31st December 2012) and not for extension.

EXTEND TO STAY Example:

The petitioner filed H-1B petition on H-1B CAP. USCIS approved petition for 3 years (1-jan-2010 to 31st December 2012). Beneficiary worked for 2 years and 9 months (1-jan-2010 to 30th September 2012) with the same employer and same client. On 30th September 2012, the contract ended with the client. So the petitioner found a new client and the petitioner signed an agreement with a new client for next 3 years from 1st October 2012 to 30th September 2015. Since the number of days (90 days – from 1st October 2012 to 31st December 2012) is lesser than 180 days from the previous petition’s approval expiration date, an extension for 3 years (1st October 2012 to 30th September 2015) can be filed before the end of the previous expiration date.

Note: If the beneficiary works for the same employer; an amendment with extension is possible if filing date is less than 180 days from the expiry date of the previous petition’s approval notice (I-797).

 

(Visited 1,178 times, 2 visits today)

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>