View Full Version : Office relocation
gten20
09-12-2016, 04:58 PM
Hi Gurus,
My office relocated within the same city and zip code about 4 miles away from the original address. Does my employer have to file an H1B ammendment? What about Green Card application?
I got a surprise visit at my work location from USCIS about 2-3 months ago and I asked the USICS officer about relocation and whether my employer has to file an ammendment. He said if its within 50 miles it not required. Now I am thinking what happens if USCIS does another surprise visit at the old location and finds that my employer is no longer there. Is there a way/process to update the address with USCIS?
Thanks.
EB3Iwaiting
09-14-2016, 10:43 AM
Hi Gurus,
My office relocated within the same city and zip code about 4 miles away from the original address. Does my employer have to file an H1B ammendment? What about Green Card application?
I got a surprise visit at my work location from USCIS about 2-3 months ago and I asked the USICS officer about relocation and whether my employer has to file an ammendment. He said if its within 50 miles it not required. Now I am thinking what happens if USCIS does another surprise visit at the old location and finds that my employer is no longer there. Is there a way/process to update the address with USCIS?
Thanks.
USCIS is pretty clear with this. If the office relocation is within the same Metropolitan Statistical Area (MSA), then a new LCA and hence, an H1B amendment is not required.
"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."
https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision
gten20
09-14-2016, 02:28 PM
Thanks Eb3IWaiting. I will ask my employer to post the original LCA in new work location.
Do you know how or where to find MSA# specified in LCA?
dec2010
09-15-2016, 09:30 AM
you wound need Zip to MSA
https://www.dol.gov/owcp/regs/feeschedule/fee/fee11/fs11_gpci_by_msa-ZIP.pdf
gten20
09-15-2016, 02:27 PM
you wound need Zip to MSA
https://www.dol.gov/owcp/regs/feeschedule/fee/fee11/fs11_gpci_by_msa-ZIP.pdf
Thanks dec2010.
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