H1B Amendment - Client Location Changed within same MSA

[anusha_rao]

Hi All,

I'm under Employer-Client model.

My Client location/address has been changed within same MSA (distance from old to new office is around 8 miles). As i've checked the USCIS website https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision under section "When You Do NOT Need to File an Amended Petition", it is clearly mentioned that "If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required". 

In my case do we need to file an new LCA and amendment?

My employer is thinking to be more safe and asking me to file amendment. But with the current situation of Denials I feel it would be risky to file an amendment.

Also, my H1-B is expiring in Feb'2019. I was planning on applying for extension in Nov'2018. Will it be a problem if i apply the extension with new client location? Do we need amendment also during extension?

Is there a possibility to file amendment and extension now if H1B expiration date is more than 6 months?

Thanks

 

[hmaster]

In my case do we need to file an new LCA and amendment?

NO. USCIS website clearly states that - You can if you want to risk a RFE/DENIAL which are quite common these days for Third PP. 

My employer is thinking to be more safe and asking me to file amendment. But with the current situation of Denials I feel it would be risky to file an amendment.

Employer is wrong. Stop him from filing a new LCA. You are right. Employers thought process doesn't change the rule. Safer for the employer doesn't mean safer for you. 

Also, my H1-B is expiring in Feb'2019. I was planning on applying for extension in Nov'2018. Will it be a problem if i apply the extension with new client location? Do we need amendment also during extension?

Don't change anything now. At the time of filing extension, just file with new details. 

Is there a possibility to file amendment and extension now if H1B expiration date is more than 6 months?

Yes, but I would not recommend that unless you want the approval sooner for stamping or something. 

[hmaster]

Oh yes, don't forget to 1) post old LCA at new location - take photo of posting 2) keep the photo with a print out of the USCIS rule from website along with your docs. 

If there is a USCIS site-visit at your previous location - the officer will eventually come hunting for you at the new location. If this happens, just present the above documentation and you should be all set. 

All the above assumes 1) your salary, title and responsibilities did not change and only placement/physical location changed in the same MSA. 

[NotAnAttorney]

But, is the client changing to new address or are you all together changing to a new client at a new address?

 In the first case you need not file amendment but in the later you will have to, as change of client/project is a material change to the terms that H1B was approved.

[anusha_rao]

On 4/11/2018 at 7:48 AM, NotAnAttorney said:

But, is the client changing to new address or are you all together changing to a new client at a new address?

 In the first case you need not file amendment but in the later you will have to, as change of client/project is a material change to the terms that H1B was approved.

Hi,

The client is changing to new address within same MSA. 

[NotAnAttorney]

okay, then amendment is not required, but per USCIS guidelines, you are required to post the previous LCA at the new address. Check with your employer on the same.