H1B transfer with revised LCA and one amendment in intial review


xylo195

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Hi. Can anyone please help me with my query?

1) employer X filed my H1B in my home country for client Y located at location Y in the US 2) my employer X asks me to leave for the US to work for client Z at location Z same job profile as client Y. 3) employer X ensures that I get my revised LCA to match client location Z and in parallel employer X files for an amendment of my petition which presently matches to requirement per client Y. 4) I entered the US about 2months ago; my H1B visa is valid for about 2+ years from now and I am presently employed with employer X and located at Z. 5) New employer A offers me to join him and would like to do a premium processing for me to work with client B located at B, job profile remaining quite identical to existing petition per Y as well as in process amendment per Y, location and client B entirely different from Y and Z. How Exactly would you advise me / my prospective new employer A to proceed in my case and what will be the milestones to be acheived in increasing order?

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Generally, when a new employer files a change of employer H1B petition, evidence must be included to demonstrate that the beneficiary is maintaining valid H1B status at the time of filing the change of employer petition. The USCIS is leaning towards the view that any change in work location is a material change which requires an amended petition. Failure to file the amendment or obtain a new LCA could render the beneficiary out of status. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine the best strategy for filing the change of employer petition and to determine whether you are currently maintaining valid H1b status.

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