H1-B Ammendment Question Help Pls

[a999]

my cousin situation is this can some clarify the information if it is right or not.

 

He worked for XYZ client and got h1 and did the job until dec 2012.

 

From Jan 2013 he moved to ABC client and employer filed new LCA , didn't filed ammendment and worked until July 2013 .

 

Again in Aug 2013 he joined back in XYZ client for the same role,location he did before .

 

Now he is planing to go for h1-b stamping , employer saying that ammendment is not required as the h1 he got is using the same XYZ client documentation.

 

Did he nee dto file ammendment now if so how can he file ammendemnt bcz when he moved to ABC client he didnt file ammendment. as he is back to same job how can he file ammendemnt again fo rthe same position for which he got the h1.

 

if any one came through this can someone pls clear the doubt. my cousin wants to do ammendment but employer is sating its not required bcz he got the h1 on the same client.

[kumar_y]

Hi,

Whether is going to back to previous or the current one. When you changed the client location you need to file for amendment.

[sitevisite]

Amendment is not required , Since there is no material change in your i129 petition XYZ address should be same as giving in i129

[a999]

thanks for your reply.

 

@kumar_y : how can we apply for ammendment as we dont have any change in role,duties or location..

[kumar_y]

Did you change the client location? If yes than please read this.

 

 When an employee changes worksites, the LCA remains valid when the beneficiary is working within reasonable commuting distance (35 miles) or within the same Metropolitan Service Area (MSA) as the original worksite for which the LCA was filed. Just make sure that both these locations are in the same MSA. If they are within 2 different MSAs, you would definitely need a new LCA / H-1b amendment. For more details, please consult with your lawyer.