H-1B amendment required or not for change in job location


lostpacket

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I am working at my company's office as an in house employee providing services to clients remotely from my office with occassional travel to clients to fix their issues.

 

My company found a client who wants me to be on site full time.

 

I requested company to file an LCA and amend H-1B but they said it is not clear if amendment is required but LCA is required. So they are just filing LCA.

 

Now I am not sure, if that is right or wrong. This is in house to client site employment transition.

 

What will happen if I don't amend H-1b. I am not planning to for stamping any soon or even after the client site work ends.

 

Thanks

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I am working at my company's office as an in house employee providing services to clients remotely from my office with occassional travel to clients to fix their issues.

 

My company found a client who wants me to be on site full time.

 

I requested company to file an LCA and amend H-1B but they said it is not clear if amendment is required but LCA is required. So they are just filing LCA.

 

Now I am not sure, if that is right or wrong. This is in house to client site employment transition.

 

What will happen if I don't amend H-1b. I am not planning to for stamping any soon or even after the client site work ends.

 

Thanks

If it is a new client then you need to get your H1B amended. If not done then you might face trouble in future.

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Legally you need  a new LCA if your work location moves to a different MSA.  However,   I have seen Attorney posts which says that USCIS insist on an amended H1 as well.  However,  neither a new LCA nor an Amended H1 is required if the new job location is in same MSA  AND your primary job duties do not change

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Legally you need  a new LCA if your work location moves to a different MSA.  However,   I have seen Attorney posts which says that USCIS insist on an amended H1 as well.  However,  neither a new LCA nor an Amended H1 is required if the new job location is in same MSA  AND your primary job duties do not change

However, there have been cases where there were USCIS workplace visits to the old place, because the employer didn't file amendments. In such cases, USCIS would likely revoke the H1.

So, it doesn't hurt and can be very beneficial to file both LCA and H1 amendments. Better safe than sorry...

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However, there have been cases where there were USCIS workplace visits to the old place, because the employer didn't file amendments. In such cases, USCIS would likely revoke the H1.

So, it doesn't hurt and can be very beneficial to file both LCA and H1 amendments. Better safe than sorry...

 

It hurts financialy.  The employer need to pay Attorney fee (and under certain circumstance this Attorney fee is recoverable from Employee).

If site visit is a concern just a letter to CIS should be enough .... just the way a letter is enough  when a person changes a job under AC21 (after filing 485).

I thought you always claim that the law and only law  is what matters :)

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Thanks everyone for replies. My employer is convinced and he is going to do amendment :)

 

Now I also want to start filing green card. If I apply for GC now and this job location will change after few months, do I have to restart the green card process ?

Is green card process location specific ?

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Thanks everyone for replies. My employer is convinced and he is going to do amendment :)

 

Now I also want to start filing green card. If I apply for GC now and this job location will change after few months, do I have to restart the green card process ?

Is green card process location specific ?

GC process is for future employment and is not location specific other than that the employments has to be in US.

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Oh, and it hurts financially much more if the H1 gets revoked because of a USCIS site visit to the old address.

The bottom line: Avoid cheap excuses.

It is a good thing to amend LCA and H1.

 

So what happened to your "do by books"  argument that you so often preach :)

 

It is a Waste of Time and Money to go for a new LCA and amend H1  (BTW , you should learn there is NOTHING  called amended LCA)  if  one moves within same MSA.     If you are concerned about site visit,  send a letter to USCIS .  Learn   the law rather than trying to prove the world wrong.

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Hmm, people on H1 make more than what the average American makes.

So, it doesn't "hurt financially"... That is just a cheap excuse.

First ,   please cite a source which says "people on H1 make more than what the average American makes" .  

 

Second ,  if "making more money"  gives a reason to throw away money ,  may I ask you for a couple of grands  ?   Let me know and I will let you know where to mail the check.  I guess you must be making a lot of money :)

 

Bottomline --   go by books .... the books say one DOES NOT need a new LCA and/or H1 Amendment if the work location changes in same MSA. 

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GC process is for future employment and is not location specific other than that the employments has to be in US.

But the LC may specify a location, and the prevailing wage may be tied to a particular location.

The normal way for people who move around a lot is to set up the LC for "unforeseen locations."

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Oh, and it hurts financially much more if the H1 gets revoked because of a USCIS site visit to the old address.

The bottom line: Avoid cheap excuses.

It is a good thing to amend LCA and H1.

 

Are you saying this is not a country of Law ?   Are you saying that if one follows the law, the H1 will be revoked ?  Come clear ... one should follow the law or not ?  No excuse please :)

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But the LC may specify a location, and the prevailing wage may be tied to a particular location.

The normal way for people who move around a lot is to set up the LC for "unforeseen locations."

So basically the LC application is worded in a way that it would cover different or all locations in US. Is my understanding correct?

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