Enquiry regarding restamping after relocation in US.

[gsikka]

Hi. Please consider the following case and provide your advice.

I have a h1b visa with my employer and I was working in New York till April 2015 before our client (one of many client with my employer) decided to move us to a new location in another State.

My movement formalities started in early April and I finally moved to the new location in first week of May. Same employer and same client but new location.

Even though my salary was decreased citing a material change, but it was told to me by my employers visa team that I don't need an amendment as my case was initiated before the ruling by USICS came out.

Further all other colleagues of mine who moved after me had their amendments done, and I was told that there still isn't any decision regarding retro-cases.

My concern now is that I am planning to take a break and go to India where I would need my re-stamping as my visa was extended in February this year till 2016.

Do you anticipate any issues or problem for this stamping. My company's visa team still maintains that there should not be any problem for this stamping.

Kindly advice !!!

[jairichi]

Without an LCA and H1B amendment approval you cannot return back to US.

[gsikka]

Thanks Jairichi.

When I moved to new location, I got the LCA for the new location.

Would that be enough, or would I still need an amendment in my case???

[jairichi]

Thanks Jairichi.

When I moved to new location, I got the LCA for the new location.

Would that be enough, or would I still need an amendment in my case???

An amendment is nowadays mandatory. Check with an independent attorney.