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kmd3853

Same MSA, Amendment required for H1B Stamping?

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Hello All, 

I have been working as a contractor for Client A for past 5 years H1B extension is valid with Client A until 2022,  3 months back I have changed to Client B in and around same MSA (Within 50 mile radius) and due to that reason we have not amended petition.

I am planning to go for stamping in next month with Client B as my client letter. 

I am good without amendment? or Do I need to do amendment even though I am in same MSA?

Please let me know your thoughts, will be helpful !

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Now my employer is saying that we have already lost 3 months after I joined here at clientB. And we are concerned about the question that "Why we have waited for 3 months" 

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Legally you can work at the same MSA for any client till 2022.

YOu can amend your H1B now if you are going for stamping. IT is not tricky. 

But you cant go for a stamping with the existing documents since you are not working there.

 

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On 5/27/2019 at 2:20 AM, kmd3853 said:

Now my employer is saying that we have already lost 3 months after I joined here at clientB. And we are concerned about the question that "Why we have waited for 3 months" 

It's always better to be late then never 

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Hi, I was in exactly in the same situation during feb 2019. I moved from client A to client B within the same MSA. My employer believed an LCA update not an amendment was required untill I came with a travel plan for stamping.and by that time it was already 6 months I moved to this client B. 

They all of a sudden said  that LCA/amendment is needed since I was going travel out of country. I was confused, and consulted  attorney, they mentioned as per Simos rule(check online for more info )  , if client change is within same MSA , LCA update  or amendment was not needed, and the consulate officers are mostly aware of this rule. however in the current situation  it totally depends on the VO to consider the client change as material change, if he thinks so then  he might raise a concern for not doing an LCA update+amendment and the decision for travel was left to me. 

I took a risk and went to Chennai for stamping with all the required documentation , with my LCA having my old client addresses i.e  client A, and project letter with new client information as Client B. Fortunately my stamping went  fine . There were bunch of questions asked , asked to show my client letter , w2, paystub based on which it was approved. 

387095BA-2301-409E-9198-DF213E5ED877.jpeg

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The above response is just based on my experience only, and my gut decision to go for stamping knowing the both chances. Please follow the advice of above mentioned experts and also with the understanding of current tough situation for H1B visa candidates. 

Edited by work2live123

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