Is H1B Ammendment required if new client is in same Metropolitan Statistical Area (MSA).


CoolDeep

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Hello Everyone,

 

A friend of mine has H1 extension visa stamping in Vanouver, Canada this month end. 

 

He moved to a new client location couple of months ago and the new client falls under the same "Metropolitan Statistical Area" as the previous client. 

 

In the USCIS rule to file H1b ammendments for employee relocation: it also has the following  

 

 

Exceptions for H1B Amendments: Same MSA, Short-Term Placements

The USCIS gives several examples of exceptions for the need to file an amended H1B petition following a change to a new work location. One such exception is if the H1B worker is moved within the metropolitan statistical area (MSA) covered by the initial LCA. In this situation, the employer must still comply with the posting requirements, but does not have to amend the H1B petition if no other material change has occurred.

Does my friend still needs to apply for an Ammendment before going for stamping.

 

Thanks in Advance

 

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Usually as per my knowledge you dont need to file new h1 ammendment, but u can file New LCA with details of Job location, Example under New York MSA , if u have worked previous job in manhattan and now moved to newark, your previous lca would have your jobtitle/manhattan location in LCA, where in this case if you moved to Newark under same MSA, now u will have jobtitle/Newark location.

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