H1B Amendment Required or new LCA Enough?

[akund001]

My Case:

Started working for client X at a location in Oklahoma after H1B approved for same.

Now the project is over and the same Client A would like to transfer me to start working at their Houston office. In essence, I will be working for same Client as applied in H1B petition but at a different location (H1B employer is same).

Now, do I need to file new H1B amendment just because the client location changed? or a new LCA for Houston, Texas would be enough for my situation.

Experienced persons or Attorney's please reply.

Many Thanks!

[NOIRhelp]

Hello Akund,

You would need to amend the H1b petition with the new address as well.

USCIS sent a notice to revoke my H1 just because of the work location address even though an updated LCA was on file. The company lawyer made a mistake in filling out the address where the work would be performed when applying for extension.

Better to be on the safer side ....

[akund001]

Thanks for your reply NOIR.

I want to know whats the exact USCIS rule which requires an amendment? Is it different client or different work location? I am working for the same client since a few years and my client projects are all short term (like 4-6 months at each location). Does that mean I have to file an amendment each time I move for the same client?

Some more experienced gurus/Attorneys please reply?

[h1bgola]

@NOIRhelp, sorry to hear that.

I am in similar situation. Changed client since filing h1b. employer filed new LCA to reflect new client.

Researched this forums, concluded that now a days VO are strict and are checking if i129 and LCA are in synch. However also found few cases where visas were approved.

Did you get any professional legal opinion for possible solutions?

Can we amend h1b while you have pending 221

[akund001]

Please reply

[NOIRhelp]

@akund, I believe that is now the case. I dont know the exact rule as such. But this especially true when you are applying for an extension or you are appearing for a stamping interview at a consulate..

Your lawyer knows best in any case.

@h1bgola, I did consult with some lawyers...

There were a couple of options suggested.

Primarily, transferring out to another employer(I did not want to do this as my PERM is still under process).

If the h1b does get revoked, then I would have to get a new H1 approved with the same employer and go for stamping once again(consular processing).

[arreyyaar]

you need to file amendment for even location change. many don't know and suffer later.