I have to leave US due to a family emergency, my employer has filed LCA for new client location but H1b amendment is not filed yet. can they file H1b amendment after I leave USA, we did not have enough time to complete the paperwork due to holidays.
Yes, of course. You will simply have to apply for your H-1B visa stamp, if you don't already possess one, at your nearest friendly US consulate within the confines of Hindustan.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes he can. IF you are still working forthe same employer then this is just a change in previously approved employment. You can even use your previously issued visa.
I'm not sure what the holidays has to do with anything ... unless the company lawyer is taking time off ... unlike those of us that even work on Sundays.
Yes, this can be filed in your absence from the US.
Yes, it should be filed with premium processing
Yes, you will need a visa stamp, if you don't already have one
Yes, you will need to wait for the approval before returning to the US
And, most importantly, yes, you should be careful of working for someone who places you at a 'client' location .... that type of employment is quite unstable. Read this: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions
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.
Attorneys filing the amendment not able to answer your questions?
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. You are encouraged to seek independent and private counseling for a complete review of your case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline