Hi there, H1B petition approved and changed the client without having stamping done.Now want to go out of country on vacation.

Asked over 1 year ago - Norcross, GA

My H1B is approved this year ,after I got RFE and now its finally got approved valid from Oct 2012 to sept 2013 . Here My concern is I changed the end client though my employer remains the same and I wanted to go out of country for a vacation and end client is ready to give client letter .Is there a risk involved in leaving the country , is there any chance of rejection while stamping since my client is changed after h1b approval.

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Same employer name on your pay checks?

    If so, and all you did was change the physical job-assignment-location, you should be fine ... just carry recent paystubs from the employer who's name appears on the unexpired visa in your passport.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Gen Kimura

    Contributor Level 18

    2

    Lawyers agree

    Answered . If your employer did not file a new LCA before you start to work for the new end-client and an amendment petition, the U.S. Consulate might deny your visa application.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. Dean P Murray

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with Attorney Capriotti. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Tripti Sharad Sharma

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with Gen. Whenever there are major changes to the terms and conditions of your employment, your employer should seek an amendment to their petition. If the work location is not temporary, it may affect pay, requiring filing a new LCA, and has been considered by some Consulates to be major change in employment.

    It is not uncommon for a Consulate to deny your visa based on these facts.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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