Legal Question in Immigration Law in California

I am on H1 VISA in California and I had switched my Employer in March 2014. we did not get the project which I was suppose to join. In April my new Employer found a project and they decreased my package and did not submit LCA correction. Now they want to file an amendment for my LCA plus extension for my H1. They are quite sure that my LCA amendment will be rejected and are asking me to re enter US once my LCA is declined. Could you please help me in understanding what is the requirement of leaving US. Cant I work on my old petition which still holds good?

Asked on 8/20/14, 3:36 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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Yes, you can always return to work for a previous H-1B employer, as long as the I-129 approval validity period is still current, & assuming that employer did not request that the petition be withdrawn.

I don't see why the LCA would be denied, & the only way I see the I-129 being denied is if USCIS asks for evidence of continuous employment & proof of your salary for the period of time where you were not being paid according to the previously approved I-129 petition. (Which is also a violation on the employer's part, for which they could theoretically be fined).

Sometimes USCIS approves an I-129 petition, but denies the change of status request, which would require the H-1B worker to leave the U.S., obtain a new visa at the U.S. Consulate, & re-enter. However, I would never recommend that anyone do that unless they are in the aforementioned situation.

Is this employer represented by a reputable immigration attorney?

Answered on 8/20/14, 3:44 pm

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