H1B amendment for same MSA same employer but different end client

[manoj1551]

Hello Friends - Please help me with this query. My current contract with end client is getting over and I have found new opportunity with different end client within the same MSA location and with same employer. Should i fill h1b amendment for this ? Only change is end client. 

 

 

Please let me know

 

 

 

 

Thanks in advance. 

[tunnachameli]

I believe yes, because it is a material change in petition and needs both, new LCA and  H1B Amendment. 

 

Not a Legal advice, please consult lawyer. 

[sagi85]

In your case filing LCA would be sufficient, but it depends on your employer to file Amendment/not

[adshah84]

This is what i got from USCIS site:

When You Do NOT Need to File an Amended Petition

• A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 

I am also in the same boat but my employer already starts amendment process.  

[tunnachameli]

This is what i got from USCIS site:

When You Do NOT Need to File an Amended Petition

• A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 

I am also in the same boat but my employer already starts amendment process.  

 

To the best of what I understand, this information posted above is valid only if you move in same MSA with same client , in this case only change is in location which is within same MSA. If the end client changes, regardless of same MSA or not, new H1B amendment is needed since this is a material change. USCIS still need to see employee- employer relationship is available with this new client. 

 

Once you join new end client, If no H1B amendment is filed ( only new LCA is filed) and  If USCIS officer comes for visit, he/she will still have work address of an old client and you will be working with new client on different address. This definitely won't make a strong case. The ( or one of the )  purpose of H1B amendment is , USCIS needs to know where you are working, with whom ( end client) and if employee-employer relationship exists. 

 

Not a legal advice, please consult a lawyer. 

[tunnachameli]

The best of what I understand, the information posted above is mostly the change of location with the same end client and the move is within same MSA. Employee-employer relationship stays the same in this case. The OP is changing end client and even if within the same MSA this will need new LCA and eventually filing for H1B amendment as well. 

 

If only LCA is filed (no amendment is filed), and USCIS officer comes for visit at an old client address ( this is the address of recent petition USCIS has) and employee working with new client on different address, won't make a strong case. 

 

By what I have seen, USCIS still may want to see the employee-employer relationship exists with this new end client, this is what I understand from the rules posted on USCIS website. Please someone correct me if my understanding is not right. 

 

Not a legal advice. Please consult lawyer.