Plzzz help me. H1 Amendment

[kotta_sekhar]

Hi Guyz,

My situation here is I changed the client before 3 months from one place to another place and the client is different from the previous client. I already got the canada visa. Already filed the LCA for the new client. Is it mandatory that I should go for H1 amendment. What happens if i go to canada stamping without H1 amendment. My employer is saying it will be risk if we go for H1 Amendment. Please help me in this regard.

Thanks

Shaker

[mackd]

Hi Sekar,

Mine is the same situation I have changes the client and location. I have stamping in Nov. I have applied for ammendment today and i will know about it pretty soon, like in a week. As per the information from the attorneys and my frds it is good to ammend your changes If you are going for stamping. Will let you know If any updates on this.

[desidesmoines]

Hi Sekar,

Mine is the same situation I have changes the client and location. I have stamping in Nov. I have applied for ammendment today and i will know about it pretty soon, like in a week. As per the information from the attorneys and my frds it is good to ammend your changes If you are going for stamping. Will let you know If any updates on this.

Do we need client letter for H1B amendment?

[mackd]

Yes Ammendment is same as applying your h1 or h1 extension. you need all the supporting documents client letter vendor letter vendor PO.

[kotta_sekhar]

Mackd,

As per some sources, it is not required to file H1 Amendment if we have valid LCA and if we are under same employer. What is your date of stamping in november. I am having interview slot on NOV 20th in calgary. Please keep me posted your updates.

(e) Amended Petitions .

An amended petition must be filed when there is a material change in the terms and conditions of employment or the beneficiary's eligibility. The amended petition procedure was not devised merely as an avenue to advise USCIS of minor changes in the conditions of employment or the beneficiary's eligibility. Petitioners should advise USCIS of these minor, immaterial changes when extensions of the beneficiary's stay are filed.

The following examples would require a new or amended petition to be filed:

· When a beneficiary is transferred from one employer to another, the filing of a new petition ensures that the new employer is liable for the alien's return transportation abroad and that the employer files a labor condition application.

· A change of the alien's duties from one specialty occupation to another.

· When a beneficiary is transferred from a firm to another firm within the same organization, and the new firm becomes the beneficiary's employer. The mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien's employer and, provided further, the supporting labor condition application remains valid.

· When the beneficiary's employer merges with another firm to create a third entity which will subsequently employ the beneficiary. This circumstance is distinguished from a change in ownership.

The following examples would not require a new or amended petition to be filed:

· When a beneficiary is transferred from one branch of a firm to another branch of the same firm. A branch of a firm is not considered to be a separate entity from its parent company.

· If the petitioner changes its name. The petitioner should advise USCIS of the name change if and when it files to extend the alien's stay.

· Changes in the ownership structure of the petitioning entity. It is understood that the new owner(s) of the firm assumes the previous owner's liabilities which would include the assertions the prior owner made on the labor condition application.

Source : http://www.uscis.gov...-0-0-13680.html

[mackd]

Hey Sekhar

I have spoke to my attorney and couple of other attorneys. And also have read some cases who had queries mainly because not amending the H1 after change in location of the client and client place. What ever you have sent is true but I dont want to take chances you never know how the VOs react. Now a days VOs are going through I129 very keenly. If you see the i 129 you will have the labour attached to it with the client location at time of extension,but when he asks you where are you working and a different client letter he may be confused. Any how it all depends on luck and good luck for your interview. My Visa is on NOV 9 and in Vancouver.

[kotta_sekhar]

Thanks Mackd for finding information. May I know what your attorney and other attorneys said when you asked about the situation.