I am working for a Client A and changed location with the same client A . My company filed only amendment as H1B had still 2 Years left at that point in time. Its been 14 months and my amendment is still pending . My H1B will expire in June 2019 . Do I have to file only Extension as my amendment is pending or Do I have to withdraw my amendment and file amendment +Extension ?
Also based on the new rule for premium processing will my extension be eligible for premium processing .
There is no premium processing for now. You need to discuss this with the attorney being paid to represent you.
Whether the employer files as amendment plus extension, or just extension, depends on the facts of the case. In either case, premium processing is temporarily suspended unless filed as continuation of previously approved employment without change.
In general, the pending amendment should not be withdrawn prematurely if you have already started working per the terms of the amended petition rather than waiting for approval.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
You don't file an H-1B petition nor an amendment or extension. It is filed by an employer and their attorney advise on the process.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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