abc.123 Posted April 24, 2015 Report Posted April 24, 2015 My company is moving to new location (couple of blocks) in January 2016. We are in process of amendment for my H1B because of company name change. My PERM process is also going on and hopefully it will get PERM filed within couple of months. 1. Will my company have to apply for another H1B amendment when company moves to new location or can I combine it with this H1B amendment ? 2. Do I need to get it changed in Labor certification approval for PERM too? Please let me know. The company location is going to change in January 2016. Thank you for your help in advance.
abc.123 Posted April 28, 2015 Author Report Posted April 28, 2015 Can someone please reply to this question. I really need to know. Thank you.
gsxr143 Posted August 4, 2015 Report Posted August 4, 2015 For your first question from the Final rule- A move within an “area of intended employment”: If a petitioner’s H-1B employee is simply moving to a new job location within the same area of intended employment, a new LCA is not generally required. See INA section 212(n)(4); 20 CFR 655.734. Therefore, provided there are no changes in the terms and conditions of employment that may affect eligibility for H-1B classification, the petitioner does not need to file an amended or new H-1B petition. However, the petitioner must still post the original LCA in the new work location within the same area of intended employment. For example, an H-1B employee presently authorized to work at a location within the New York City metropolitan statistical area (NYC) may not trigger the need for a new LCA if merely transferred to a new worksite in NYC, but the petitioner would still need to post the previously obtained LCA at the new work location. See 20 CFR 655.734. This is required regardless of whether an entire office moved from one location to another within NYC, or just the one H-1B employee.
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