1> I am currently on 10th year in H-1B extension & the extension is valid until 15/Sep/2016.
2> My earlier H-1B transfer from Company A to Company B was approved in October'2013 based on the old approved I-140 from my prior employer Company A.
3> I joined Company B in Nov'2013 for their in-house project (not a client location) and my H-1B petition was approved for in-house project ONLY at the time of H-1B transfer.
4> Company B just filed my new PERM in October'2014, PERM is not approved yet by DOL.
5> My earlier I-140 petition has been now REVOKED by my former employer Company A because I left Company A. Revoked date : Jan’2014.
6> Now company B's in-house project would be ending soon in Dec'2014 and I need to relocate to a project at a client location; H-1B petition amendment required.What are the chances that my H-1b amendment would be approved by USCIS ??? [As I do NOT have a new I-140 approved yet from Company B, my PERM is not pending for more than 365-days yet and my old I-140 from Company A already revoked.] Note : This is NOT an H-1B extension filing, rather just the amendment filing and I have new project itinerary detail as supporting document of the amendment. The employer-employee controlling relationship is also strong as my employer is direct vendor of end client. Letter from end client is obtainable.
"Client" project assignments are ALWAYS a potential problem due to the fact that the 'employer' may be viewed as a 'job shop'.
See this webpage: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions
Since I don't see a "?" mark in your posting, there is no question to answer.
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.
Assignment to client project is always a potential issue.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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