Same Client, Location Changed with in 10 Miles - H1B Amendment?

[prince2002]

Hello Guys,

 

I am planning for my H1B visa stamping in Vancouver,BC on November 8th 2013. I have a question whether i have to file for H1B amendment if the location of the client has been moved with in 10 miles of the original location with in the same county but differnet city.

 

I have been working with the client-A begining from July 2011. My H1B was filed in Aug 2011 with Client-A and it started from Oct 2011 with the same client(client-A).

 

Until September 2012 i worked at Location-A in City A,TX. Begining from October 2012 my client-A Location-A lease got expired and they moved everyone to Location-B in City B,TX which is 10 miles apart in the same county but different city in TX. 

 

During the whole process i am with the same client (Client-A) and only location was changed from Location-A to Location-B.

 

I did my LCA amendment in October 2012 with Location-B address and it was certified.

 

My questions are

 

  1. Do i need to file for H1B Amendment ?

 

  2. When i go for my H1B stamping in Canada do they ask me why my client address on I-129 is not matching with current certified LCA? [My concern is this is one of the major reason why most of the folks are getting 221G if visa councelor identifies different client address in I-129 and LCA. Not sure whether this will apply to my case as i am with the same client]

 

  3. If i carry my old and new certified LCA's and client letters, does it help in the visa interview to support if counselor asked me the above question?

 

  4. What is the best answer to defend if they raised question-2 ?

 

I read so many blogs and forums from the past 10 days and i see mixed answers everyware for my situation. Can you guys please shed some light on me who went through similar situation in the recent past.

 

Thanks in Advance!

 

Regards,

Prince

[kumar_y]

You need to file for amendment, because your client location has change even though its the same company. Unless you intend to going back at previous client location. The first thing you need to do is apply new LCA for doing the address change. Better safe than sorry if you can also the amendment.. just my 2 cents

[prince2002]

Thanks kumar_y.

 

I already filed my LCA Amendment back in October 2012 when i moved to different location. Even though my old ad new work locations are with in the same Metropolitan statistical area do i have to file for H1B Amendment?

[H1BJourney]

I'm in same situation like you.

I going to do only LCA because most of the people are saying if it is same metropolitan area, amendment is not needed.

[keshavardhan]

Hi,

  I been through same situation and i spoke with attorney from Murthy and they said we don't need to do the amendement for H1B and i din't do it and i also applied for extension of H1B recently and got approved for 3 years. So what i would i suggest is just file the new LCA don't need to amend H1B.

[kumar_y]

@prince2002. As I said better safe than sorry filing the amendment will be the right way to you since you are also planning to go for visa stamping.

[prince2002]

Thanks VinayH1B and F12H1Bemployee.

 

Vinay,

When is your visa appointment date? In case if Visa councelor asked why I-129 and current LCA address are not matching?What is the best answer to defend this?.....I know you guys are confident about it...just want to make sure not to stuck in canada due to this...What are the chances of getting 221g?

 

F12H1Bemployee,

 

Your words definately boost our confidence. Have you been to visa stamping before your H1B extension and after you moved to new location with the same client?

 

Thanks in advance.

[kumar_y]

@Prince2002 ... You client address in LCA and I-129 petition has to match. That's why you need amendment .. I believe there was one post here in Murthy where they have cancelled the petition since address didn't match ...

[keshavardhan]

I din't attend the VISA interview before extension nor after extension however i would suggest to apply for new LCA not the amendment if you don't trust my words you can take an appointment with Murthy law firms and attorney will explain you everything and they will also provide you the law number under which it is not required and you can carry that document to visa and show it to officer and explain why you haven't done the amendment.That's the best suggestion i can give. 

   Good luck for your VISA!!

[keshavardhan]

Hello Prince2002: I forgot to add one more thing in previous post, I would always suggest you to take an appointment with attorney and check with them what to do and don't totally rely on reply's that ppl suggest including me because things might change everyday in US law never know and my case i had extension so my I129 and LCA will match now but your is different situation. I don't want to feel bad for pushing you into trouble.

Good luck again!!

[prince2002]

Thanks for your suggestion F1toH1BEmployee. I am planning to apply for Amendment in case if it is not possible to get my amendment done before my appointment date Nov 18th in canada. If my amendment got delayed due to Federal Govt. Shutdown, i initiated amendment processing with my attorney just to be on safe side if i want to go for Visa stamping in India. My Attorney submitted LCA on 27th September and DOL shutdown ICERT site beginning from this month.

[prince2002]

Hello Prince2002: I forgot to add one more thing in previous post, I would always suggest you to take an appointment with attorney and check with them what to do and don't totally rely on reply's that ppl suggest including me because things might change everyday in US law never know and my case i had extension so my I129 and LCA will match now but your is different situation. I don't want to feel bad for pushing you into trouble.

Good luck again!!

Thanks F12H1Bemployee. I appreciate your help.

The list of docs required for stamping that i posted in my previous post was provided by my Attorney. As you said i will definitely check with my attorney for any new requirements which need documentation.

[Reddy belum]

Thanks for your suggestion F1toH1BEmployee. I am planning to apply for Amendment in case if it is not possible to get my amendment done before my appointment date Nov 18th in canada. If my amendment got delayed due to Federal Govt. Shutdown, i initiated amendment processing with my attorney just to be on safe side if i want to go for Visa stamping in India. My Attorney submitted LCA on 27th September and DOL shutdown ICERT site beginning from this month.

Hi

I would like to know how much it you cost for applying amendment for change of client.

[rahul412]

Hi

I would like to know how much it you cost for applying amendment for change of client.

Zero dollars for you.

BTW why are you worried about the cost?? Can I know??