Gani14 Posted May 19, 2023 Report Share Posted May 19, 2023 if a person with one employer on H1B and does changes client and workplace locations which are in same MSA. does it need amendment? Quote Link to comment
Zodiac System Posted May 31, 2023 Report Share Posted May 31, 2023 New client is material change. I think it is better to do amendment. Quote Link to comment
Attorney_15 Posted June 2, 2023 Report Share Posted June 2, 2023 Generally, an Amended H1B Petition is not required for a change in client and it is also generally not required by a change in workplace location when in the same MSA. Beware though USCIS seems to unfortunately be engaging in site visits to clients and clients only which are sometimes resulting in their issuing Notices of Intent to Revoke because they (USCIS) accuse the petitioner of violating the law because the client project ended and nothing was filed. This is occurring even when the change is to a different client for someone working from an unchanged home office. If someone wanted to file an H1B Petition out of an over-abundance of caution - when not required - as a way to inform USCIS of the change in client and location, an employer could file an H1B Petition with: (1) an immediate start date, (2) as a change in previously approved employment [this selection is used for non-material changes], and (3) amending (if used can exempt employer from ACWIA fee) or extending the stay. For specific legal advice one may wish to consult with an attorney at Murthy Law Firm. Quote Link to comment
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