Second Topic of the Week: USCIS Issues Guidance on H-1B Amendments When Work Location Changes

[Attorney_20]

USCIS recently issued detailed guidance explaining when H-1B amendments are required when the work location changes:

 

http://www.uscis.gov/news/alerts/uscis-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

[shetty1891]

Hello Attorney,

 

Article says that we don't have to file for H1 amendment if employee moves with the same MSA.

 

I recently moved from Client A to Client B. distance between two clients is 19 miles and are in same state. Do i still need to file for H1 amendment? how to find out is they are in same MSA?

 

My Employer has filed for a new LCA when i moved from Client A to Client B back in January 2015. should this be sufficient?

 

Thanks for your time in advance.

 

[Attorney_20]

Hello Attorney,

 

Article says that we don't have to file for H1 amendment if employee moves with the same MSA.

 

I recently moved from Client A to Client B. distance between two clients is 19 miles and are in same state. Do i still need to file for H1 amendment? how to find out is they are in same MSA?

 

My Employer has filed for a new LCA when i moved from Client A to Client B back in January 2015. should this be sufficient?

 

Thanks for your time in advance.

If the only change in the job is the location, 19 miles is probably within normal commuting distance even if in a different MSA. In that case, the original LCA will probably need to be posted in the new work location.

[Techiepersona]

I am in the same situation with move within same City and same MSA in January 2015.

Question -

1.) Still since the new LCA was applied with client B address even though it was not required, does it trigger need for an H1B amendment now?

2.) Does having additional LCA even though not required have any negative impact?

3.) How does changing locations with

* "no new LCA and no H1B Amendment" or

* "new LCA and no H1B amendment" meet the site visit requirement by (DOL / USCIS not sure who does that, please clarify).

[Neda]

Hello Attorney, does it mean that you have to amend the old work locations also or just for the current location?

[Attorney_20]

I am in the same situation with move within same City and same MSA in January 2015.

Question -

1.) Still since the new LCA was applied with client B address even though it was not required, does it trigger need for an H1B amendment now?

2.) Does having additional LCA even though not required have any negative impact?

3.) How does changing locations with

* "no new LCA and no H1B Amendment" or

* "new LCA and no H1B amendment" meet the site visit requirement by (DOL / USCIS not sure who does that, please clarify).

Under the new guidance, if there is a change in work location to a new MSA or outside the area of intended employment, an H1B amendment is required.  If the change in work location remains in the same MSA or within the area of intended employment, the existing LCA needs to be posted in the new work location but an H1B amendment is not required.

[tennisfan217]

1. Is the amendment a must only for the most recent location change before and after the AAO decision?

2. Is the amendment requirement only for people on an active h1b visa  or currently on H1b Status?

3. What about folks who are currently working with an EAD?

[shetty1891]

Hello attorney,

 

Thanks for your reply... for the part mentioned

"If the change in work location remains in the same MSA or within the area of intended employment, the existing LCA needs to be posted in the new work location but an H1B amendment is not required."

 

I am confused on what is meant by posting the existing LCA in new workplace. Does this mean a new LCA has to be filed with the new work location ? 

 

Thanks for your time in advance...

[Attorney_6]

The amendment would only be for the current location. It would not be necessary to try to do anything retroactively. 

The amendment process is for those individuals who hold H1B status.  

[newhere123]

Hello,

 

I am a physical therapist who recently has transferred my H1B to a new employer. This new employer is a staffing company who would send me to different locations at different MSA. Every work assignment would last 13 weeks (91 days including weekends). In such siuation, do my employer need to amend my H1B everytime?

[Attorney_20]

If the employer knows the locations now, they can file the amendment with LCAs and an itinerary for those locations.  If the locations are unanticipated and in different MSAs, an H1B amendment filing will be required to comply with the law.