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newbiess

Is H1 amanedment needed in my case..! ( Most common issue with EV model)

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I got my H1 last year when working as a consultant at XXX (client) .Now I moved to YYY(clinet) recently 

Do i need to make an H1 amendment before i go to Canada for stamping ?

 

Some Background:

 

1) I work on EV model

2)I did not change the employer.

2) I am with this employer since 3 years

3) My LCA with YYY  is approved by the time i joined there.

 

 

 

As per my employer:  We dont need an amendment if we have approved LCA by the time we join new client.

 

 

 

Did anyone face such issue ? what was the response from employers in this case ?

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I got my H1 last year when working as a consultant at XXX (client) .Now I moved to YYY(clinet) recently 

Do i need to make an H1 amendment before i go to Canada for stamping ?

 

Some Background:

 

1) I work on EV model

2)I did not change the employer.

2) I am with this employer since 3 years

3) My LCA with YYY  is approved by the time i joined there.

 

 

 

As per my employer:  We dont need an amendment if we have approved LCA by the time we join new client.

 

 

 

Did anyone face such issue ? what was the response from employers in this case ?

I believe, yes. Wait for other members to give their opinion

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yes, you need  H1b ammendment. USCIS does not see LCA for site visits incase they decide  to do one, it only sees h1b :

 

FDNS Site Visits of H1B Work Locations: Updated LCA Insufficient

Despite the interpretation and guidance described above, the practice of moving employees without filing the H1B amendment, at the very least, has been called into question over the past few years. Typically, problems arise when there is a site visit to the employment location provided in the H1B petition. The LCA is only filed with the U.S. Department of Labor (DOL); thus, without an amended H1B petition, the USCIS receives no notification of a change in work location. Site visits conducted by or through the USCIS's investigative directorate, Fraud Detection and National Security (FDNS), often occur at an employee's prior work location. If the FDNS inspector or contractor cannot locate the worker, and has no information available regarding relocation, serious concerns are raised.

This scenario typically leads to a report from the investigator that the H1B worker has not been located at the worksite. This information usually results in the issuance of a notice of intent to revoke (NOIR) the H1B petition, due to noncompliance with the terms and conditions of the H1B petition approval.

 

this is from

http://www.murthy.com/2012/09/07/h1b-amendment-requirement-for-change-in-job-location/

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