Client Change but withing same MSA does it require to file H1B amendement


shah.nk

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 I have H1B approved based on previous client's letter and valid till 2017, now I have change to new client on 07/2015 and new client location is 25 miles from old client within same MSA .

 

1. Does my employer still need to file H1 amendment with new client's      documents(letter,address etc) ?

 

 

 

I read Uscis guidelines but not clear,  in 1st point It says  for same MSA H1 amendement not required but in second point it says if employee moving to new location for 30 or 60 days then amendment not required.

 

I will not be moving back to old client.

 

When You Do NOT Need to File an Amended Petition

  • A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 
  • Short term placements: Under certain circumstances, you may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See 20 CFR 655.735. In these situations, you do not need to file an amended H-1B petition. 

Thanks in advance!

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