H1B Amendment

[bandrad]

I have approved I797 till Sep 2021 for client A at my current home location. I have now joined client B but working from home remotely at my original LCA approved location. It’s been 45 days since I started working for client B. Do I need to apply for amendment even though I am still working under less than 50 miles of previously approved work location. If I do need to apply and the amendment gets denied then will my I94 till Sep 2021 gets cut short? I can join my original client A if amendment gets denied for client B. Thanks for your help! I tried asking the same question to my employer but their immigration team is swamped. 

[User099]

Its better to consult an attorney as the location change is not the only thing that will require an amendment. If there are change is job duties that will also require an amendment.

Generally when an amedment is denied, your original petition will still be valid and you should be able to work on the original petition.

[gopalakrishnach]

My advice better to do amendment when you change client eventhough if you move within 50 miles. If you go to visa interview you need to have H1B matching your current work situation.

If I do need to apply and the amendment gets denied then will my I94 till Sep 2021 gets cut short? - you will be out of status ( no H1B) and you need have new petition ASAP.

I can join my original client A if amendment gets denied for client B. -- as soon as you leave A as per law they need to let USCIS know and revoke your H1B. If A wants to hire you back they need new approved petition.

 

[bandrad]

Thanks to both of the responses! 

59 minutes ago, gopalakrishnach said:

My advice better to do amendment when you change client eventhough if you move within 50 miles. If you go to visa interview you need to have H1B matching your current work situation.

If I do need to apply and the amendment gets denied then will my I94 till Sep 2021 gets cut short? - you will be out of status ( no H1B) and you need have new petition ASAP.

I can join my original client A if amendment gets denied for client B. -- as soon as you leave A as per law they need to let USCIS know and revoke your H1B. If A wants to hire you back they need new approved petition.

 

I haven’t changed employers, just the clients under employer and under same role and duties. I don’t think end client will report to USCIS unless they are my petitioners, right? My home location is 2 miles away from my work location under current approved LCA. I guess this work from home is a bit grey area and if USCIS does site visit then I and my employer will be under trouble. End client A hasn’t opened its offices yet due to pandemic and same with end client B. Tried getting more info on this particular scenario but couldn’t find any material. 

[User099]

15 hours ago, bandrad said:

Thanks to both of the responses! 

I haven’t changed employers, just the clients under employer and under same role and duties. I don’t think end client will report to USCIS unless they are my petitioners, right? My home location is 2 miles away from my work location under current approved LCA. I guess this work from home is a bit grey area and if USCIS does site visit then I and my employer will be under trouble. End client A hasn’t opened its offices yet due to pandemic and same with end client B. Tried getting more info on this particular scenario but couldn’t find any material. 

If your currnet approved LCA is for Client A and you are moving to Client B, how far is client B from your home? You should be ok if both are in the same MSA (or atleast nearby). 

Even USCIS knows that there is a pandemic and most of the folks are working from home, so they won't be surprised when they show up. 

Edited June 17, 2020 by User099

[gopalakrishnach]

When client changes better to do amendment since your work location changes,

[bandrad]

22 hours ago, User099 said:

If your currnet approved LCA is for Client A and you are moving to Client B, how far is client B from your home? You should be ok if both are in the same MSA (or atleast nearby). 

Even USCIS knows that there is a pandemic and most of the folks are working from home, so they won't be surprised when they show up. 

Client B is in different state, so I have to apply for an amendment. My employer should confirm the same. Thanks for taking out time to reply! 

[bandrad]

17 hours ago, gopalakrishnach said:

When client changes better to do amendment since your work location changes,

Yes, I read the LCA guidelines now, any material change needs an amendment. Thanks for your response!