Understanding the Impact of H-1B Amendment on COE Validity

In the context of immigration and employment within the United States, the H-1B visa is one of the most sought-after work visas for foreign professionals. This article will provide clarity on a specific scenario, where the COE (Certificate of Eligibility) validity period of an H-1B petition is compared with the validity period of an H-1B amendment.

Introduction to Relevant Immigration Terms

Firstly, let's clarify the terms used in this context:

COE (Certificate of Eligibility): A formal document issued by the United States Citizenship and Immigration Services (USCIS) confirming that a foreign national is eligible to apply for an H-1B visa. H-1B Petition: An application filed with USCIS by an employer seeking to employ a foreign professional in a specialty occupation. H-1B Amendment: An additional step taken by an employer to extend or modify the terms of an existing H-1B petition.

Scenario Explanation

The scenario presented is a specific situation involving the My Change of Employer H-1B petition which was approved until March 22. The employer has subsequently filed for an H-1B amendment, and it was approved until December 19. This raises the question as to whether the amended petition overrides the original COE, or if the validity of the H-1B can be reduced.

Understanding the COE Validity

The COE is a separate document that serves as a basis for the H-1B visa application. It grants the visa holder the ability to work for a specified employer and at a specific job position for a defined period. In this case, the COE approved until March 22, 2022, indicates that the employee is entitled to work for the specified time frame under the original petition.

Impact of H-1B Amendment

An H-1B amendment is an additional filing by the employer to either extend the validity of the original petition or to make necessary modifications, such as adding a new location if the employee is required to work in a different location.

Given that both the petitioner (employer) and the beneficiary (employee) are the same, the H-1B petition with an expiration date of March 22, 2022, remains valid. If the amendment that was approved on December 19, 2021, only included a new location or other modifications, it will not override the original COE.

Scenario Clarification

Assuming the amendment expires on December 19, 2021, and the amendment was to include a new location, the employer will need to file a new amendment if the employee needs to continue working at this new location on February 12, 2022. Alternatively, the employee can return to the locations listed in the original March 22 petition.

Key Points to Remember

The COE and H-1B petition remain valid until their respective expiration dates unless amended or canceled by USCIS. An H-1B amendment does not automatically override the original COE validity period. If a new location or other modifications are added through the amendment, additional steps may be required.

Conclusion

Understanding the differences between COE and H-1B amendment is crucial for any foreign professional or employer seeking to work in the United States under the H-1B visa. While the original petition and COE validity periods remain in effect, amendments are subject to separate conditions and timelines. This knowledge can help to avoid misunderstandings and ensure compliance with immigration regulations.

For further detailed information or assistance, it is recommended to consult with a qualified immigration attorney or contact the USCIS directly.