Suppose, someone's H1B Visa/I-797A/I-94 are expired and extension is pending with USCIS for approval. 6 years already over but I-140 is approved.
Now while the I-94 is expired but extension is waiting for approval, if the project location gets changed and amendment needs to be filed due to location change, then what process/steps needs to be done/followed by the employer?
If your employer files a new amendment application, while your other amendment application is still pending, it should not be a problem.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Why do you ask? What is the employer in all this when it is their obligation to follow immigration laws related to their filings?
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.
Take notice that the ICE and DHS have increased enforcement of the federal immigration laws considerably focusing on H1B fraud issues and H1B visa abuse by certain operators.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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