H1B Amendment ?


knk

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Hello,

 

My H1B (Expired Dec 2013) stamping was done in Vancouver, BC last year during April 2013, and it expired in Dec 2013. I was working for Client 1 at location Malvern, PA then, and applied for extension and got a 3 year extension under Client 1.

 

My project got over, and moved to Maryland to work under Client 2. Planning to get stamping done in Vancouver, BC next month. Do I need an amendment, as my employer is telling me I dont need one. He has a new LCA for the new location (MD).

 

Does the new Client letter from Client 2, and new LCA work ? or should an amendment be done ?

 

Responses appreciated please.

 

 

Thanks, Nanda

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Hello,

 

My H1B (Expired Dec 2013) stamping was done in Vancouver, BC last year during April 2013, and it expired in Dec 2013. I was working for Client 1 at location Malvern, PA then, and applied for extension and got a 3 year extension under Client 1.

 

My project got over, and moved to Maryland to work under Client 2. Planning to get stamping done in Vancouver, BC next month. Do I need an amendment, as my employer is telling me I dont need one. He has a new LCA for the new location (MD).

 

Does the new Client letter from Client 2, and new LCA work ? or should an amendment be done ?

 

Responses appreciated please.

 

 

Thanks, Nanda

New client needs a H1B amendment and approval before you could go for stamping.

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Thanks a lot for the reply guys... I have my appointment set in Kingston, Jamaica 3 weeks from now..

 

My employer keeps telling me that all his employees have been getting stamped without the amendment, and he is so CONFIDENT, that I dont need one, JUST THE NEW LCA would work...

 

Just a little circumspect going by the responses received so far...

 

 

Thanks, Nanda

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Thanks a lot for the reply guys... I have my appointment set in Kingston, Jamaica 3 weeks from now..

 

My employer keeps telling me that all his employees have been getting stamped without the amendment, and he is so CONFIDENT, that I dont need one, JUST THE NEW LCA would work...

 

Just a little circumspect going by the responses received so far...

 

 

Thanks, Nanda

Forget about your employer and ask your employer's attorney or an independent attorney for opinion.

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Thanks a lot for the reply guys... I have my appointment set in Kingston, Jamaica 3 weeks from now..

 

My employer keeps telling me that all his employees have been getting stamped without the amendment, and he is so CONFIDENT, that I dont need one, JUST THE NEW LCA would work...

 

Just a little circumspect going by the responses received so far...

 

 

Thanks, Nanda

You have two options, either trust your employer or trust the persons who replied to your post.

According to the H1 rules, change in your work location is nothing but material change and that needs amendment.

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Thanks a lot for the reply guys... I have my appointment set in Kingston, Jamaica 3 weeks from now..

 

My employer keeps telling me that all his employees have been getting stamped without the amendment, and he is so CONFIDENT, that I dont need one, JUST THE NEW LCA would work...

 

Just a little circumspect going by the responses received so far...

 

 

Thanks, Nanda

You could file an Amendment next week  in Premium and get it done. You can also contact your attorney and if he is confident that you dont need one then go for the visa interview. 

 

Good Luck !!

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