Mistake in employer letter to USCIS , H1b amendment required?


gandhajagan

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Hello Experts,

Need your help with my situation.

I have been working for my company since October 2011. I recently noticed that in the letter to USCIS the job responsibilities are totally different than the work I do, and it doesn't match the client letter either that was submitted to USCIS. The title in LCA matches to what I do and what my client letter states.

I myself wonder how USCIS approved my petition back then. But since I will be visiting India this June and need to attend visa interview, should I do an H1b amendment?

Can somebody please advice the best course of action and some constructive ideas!!

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Generally, an H1B amendment is necessary when there has been a material change in the position. Therefore, if the job duties listed in the H1B petition and the job duties you perform are “totally different” there is a good chance USCIS would consider that a material change requiring an amendment. Additionally, the consulate will more than likely ask at the visa interview about your job duties and therefore it is best to make sure the H1B reflects your current position. To discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney.

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