H1B LCA Work Location Update

[sgopireddy]

I have changed my client recently, My new client is based in Philadelphia but I have been provided 100% remote so am staying in the same city as my previous client and working from home.

Do I need to update my work location in LCA from my previous client to my home address as new work location since am working from home ?

 

 

[NotAnAttorney]

You need to file an amendment, as you are no longer working on the terms that were approved on your petition.

[sgopireddy]

2 hours ago, NotAnAttorney said:

You need to file an amendment, as you are no longer working on the terms that were approved on your petition.

I was informed from my attorney that unless you move out from the same MSA (Metroplitian Area) you don’t have to file an amendment when there is no change in job duties and responsibilities including pay rate.

[NotAnAttorney]

That might be the case, if you are working remotely, for the same client, same project within the same MSA.

But as your specialty occupation ietenary, source, client etc changed, you will need an amendment to H1B petition.

[Lokesh123]

On 3/1/2018 at 4:39 PM, NotAnAttorney said:

That might be the case, if you are working remotely, for the same client, same project within the same MSA.

But as your specialty occupation ietenary, source, client etc changed, you will need an amendment to H1B petition.

if its same employer then no amendment needed.. Just LCA reposting needed in new place ..

[NotAnAttorney]

But the terms on which his "speciality occupation" was approved had changed.

Isn't it?

New project, new work, new client..new specialty occupation.

I may be wrong, but what about the above?

[sgopireddy]

I may be wrong but as per my attorney if any of the following changes, I need to file for an Ammendment.

 

1) location(MSA)

2) Employer

3)pay rate 

4) job duties and responsibilities

 

since am in Same MSA, no change in employer, pay rate and duties I was told that I don’t need an Ammendment. 

 

While filing my first H1B we mentioned generic duties and responsibilities based on job title to avoid things like this in the future.

 

 

[Canucks_H1bRenewal]

My employer is also telling me the same thing -  I used to work at client for 6 years and have H1b until 2019. But in Jan 2018 the client was laying off and I got a new contract position with a new client in a different state. The client was already told about my situation (Wife working in the old state and little kids) and they agreed to let me Work remotely after being at their location for 2-3 months. An Amendment was filed as soon as I moved to the new location and then in April they let me work remotely with a condition that I have to come to their location once every 2 months (for a week - meetings etc). Now My employer is saying that he can withdraw the amendment since my MSA has not technically changed after starting to work remotely. My pay rate has increased though. I do not know which is the right way or not - waiting to hear back from our attorney. My Model is EC. 

[PJ09]

On 3/31/2018 at 4:47 AM, sgopireddy said:

I may be wrong but as per my attorney if any of the following changes, I need to file for an Ammendment.

 

1) location(MSA)

2) Employer

3)pay rate 

4) job duties and responsibilities

 

since am in Same MSA, no change in employer, pay rate and duties I was told that I don’t need an Ammendment. 

 

While filing my first H1B we mentioned generic duties and responsibilities based on job title to avoid things like this in the future.

 

 

Did u file amendment? I'm in same boat. let me know what happened in your case.