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

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

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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Posted

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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 to schedule a consultation.

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