Ron Gotcher Newsletter - H1B Amendment Required on Location Change?

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10-03-2011, 11:35 AM
qesehmk

Ron Gotcher Newsletter - H1B Amendment Required on Location Change?

Some interesting news from Ron Gotcher.

http://www.imminfo.com/News/Newslett...-comments.html
http://www.imminfo.com/News/Newslett...ed-effort.html

Basically he makes 3 points:
1. UCSIS may ask people to file amended H1B if they switch jobs. This is quite scary.
2. USCIS confirmed that H1 extension beyond 6 years continues to remain valid even if 140-485 gets rejected.
3. The whole PERM stoppage in last 2 months turned out a wasted exercise.

On the 3rd point - Surprise Surprise!! We keep telling you guys that the way backlog is eliminated is policy driven. note- As per 2012 this doesn't impact predictions. The PERM approvals throughput will remain the same its the timing of approval that will be affected.

Quote:

Originally Posted by needid

Q, The ecosystem that you created is great.

needid, thanks for kind words. We were lucky that people like respectful and helpful environment. In terms of knowledge and intelligence, I think there already are people on this forum who are more intelligent and knowledgeable than me :)
10-03-2011, 12:15 PM
10102007

Quote:

Originally Posted by qesehmk

Some interesting news from Ron Gotcher.

[URL]http://www.imminfo.com/News/Newsletter/2011-9-30/interesting

1. UCSIS may ask people to file amended H1B if they switch jobs. This is quite scary. -

Wonder what the H in H1B stands for? Harassment?
10-03-2011, 12:48 PM
qblogfan

Harassment and Hijack

H1B gives the employers the power to control and manipulate the employees.

That's the essence of H1B and EB GC.

Quote:

Originally Posted by 10102007

Wonder what the H in H1B stands for? Harassment?
10-03-2011, 01:16 PM
soggadu

applying for a new H1B (transfer ) is already in place when we switch jobs right... so whats new Q?

On the 2 point, so people get to stay back and work till H1b completes even their 485 gets rejected after their 6th year? aint that cool...
10-03-2011, 01:24 PM
leo4ever

Quote:

Originally Posted by qesehmk

Some interesting news from Ron Gotcher.

http://www.imminfo.com/News/Newslett...-comments.html
http://www.imminfo.com/News/Newslett...ed-effort.html

Basically he makes 3 points:
1. UCSIS may ask people to file amended H1B if they switch jobs. This is quite scary.
2. USCIS confirmed that H1 extension beyond 6 years continues to remain valid even if 140-485 gets rejected.
3. The whole PERM stoppage in last 2 months turned out a wasted exercise.

On the 3rd point - Surprise Surprise!! We keep telling you guys that the way backlog is eliminated is policy driven. note- As per 2012 this doesn't impact predictions. The PERM approvals throughput will remain the same its the timing of approval that will be affected.

needid, thanks for kind words. We were lucky that people like respectful and helpful environment. In terms of knowledge and intelligence, I think there already are people on this forum who are more intelligent and knowledgeable than me :)

Thanks for sharing Q.
Item (1) is real scary. These days we hardly get an year of H1B (some of friends or even 3months H1B approval). With H1B amendment it will be a lot tougher. I hope it is not approved or amended yet...
10-03-2011, 01:26 PM
leo4ever

Quote:

Originally Posted by soggadu

applying for a new H1B (transfer ) is already in place when we switch jobs right... so whats new Q?

I think this rule is not applying H1B when chaging employer, but amending H1B when changing client (project) with the same employer.
10-03-2011, 01:30 PM
gcq

Quote:

Originally Posted by 10102007

Wonder what the H in H1B stands for? Harassment?

H1B laws are meant for harrasment and humilation of foreign workers. In good times they don't enforce all the clauses. When economy is bad/demcrats are in power, they try to enforce all the clauses. If they enforced all the clauses all the time, nobody would ever come to this country on H1.
10-03-2011, 01:39 PM
leo07

Sorry for sounding so ignorant already. I think (1) is already there. You have to amend your H1 if you change jobs or even move your work location more than 15 miles from the one that's filed in your LCA.

am I incorrect on that? I've filed number of amendments :), in fact, filing one this week for a minor blooper in the previously approved H1B amendment :)

Quote:

Originally Posted by leo4ever

Thanks for sharing Q.
Item (1) is real scary. These days we hardly get an year of H1B (some of friends or even 3months H1B approval). With H1B amendment it will be a lot tougher. I hope it is not approved or amended yet...
10-03-2011, 01:53 PM
soggadu

Quote:

Originally Posted by leo4ever

I think this rule is not applying H1B when chaging employer, but amending H1B when changing client (project) with the same employer.

why would USCIS be interested in client when H1B is being held by parent company... i dont understand....
10-03-2011, 01:55 PM
codesmith

Quote:

Originally Posted by qblogfan

Harassment and Hijack

H1B gives the employers the power to control and manipulate the employees.

That's the essence of H1B and EB GC.

I agree somewhat!. Please watch cspan discussion held on 28th sep 2011, it seems many industry-academia leaders accept the fact that immigration policies need to be changed. However it would be interesting to see how does it take effect when the popular opinion is against the immigration.. even the legal immigration. Did you see California pack commercials during Republican debates ? Many groups/organizations are demanding the curb on legal immigration.
You can watch cspan discussion here : www.c-spanvideo.org/program/301798-3
10-03-2011, 02:26 PM
10102007

Quote:

Originally Posted by leo07

Sorry for sounding so ignorant already. I think (1) is already there. You have to amend your H1 if you change jobs or even move your work location more than 15 miles from the one that's filed in your LCA.

am I incorrect on that? I've filed number of amendments :), in fact, filing one this week for a minor blooper in the previously approved H1B amendment :)

My lawyer told me that H1 amendment is necessary if the nature of the job changes. For example, if I was a developer at Client A(when my H1 petition was filed) and if I'm doing non-development work at the new client B, then H1 amendment needs to be filed. The LCA need to be filed no matter what though.

The pain is getting a client letter.
10-03-2011, 02:58 PM
leo4ever

Quote:

Originally Posted by leo07

Sorry for sounding so ignorant already. I think (1) is already there. You have to amend your H1 if you change jobs or even move your work location more than 15 miles from the one that's filed in your LCA.

am I incorrect on that? I've filed number of amendments :), in fact, filing one this week for a minor blooper in the previously approved H1B amendment :)

Quote:

Originally Posted by soggadu

why would USCIS be interested in client when H1B is being held by parent company... i dont understand....

One my friend was working at a client location where they provide reference letter. He wanted to change the client (for whatever his reasons are) after H1B approval. He was been told by his attorney that he needs to file an H1B amendment when changing client ( as he will be gettign H1B extansion based on client letter / vendor letter mentioning he will be having job for next 1, 2 or 3 years). When he told about this to me last week i was like why does anyone have to file an amendment if chaging clients as its not mentioned on the H1B. But i checked it will my employer (not an attorney) and he said we might have to do it going forward. He said he will check with my attorney. I will update if i get to hear from my employer.

I might be wrong, but my employer only used to file an LCA when i changed client with location. So now i think they was to screw us completely by not able to change employer and also the project and work like a donkey irrespective of you like it or now.
10-03-2011, 03:42 PM
ssvp22

Quote:

Originally Posted by leo4ever

One my friend was working at a client location where they provide reference letter. He wanted to change the client (for whatever his reasons are) after H1B approval. He was been told by his attorney that he needs to file an H1B amendment when changing client ( as he will be gettign H1B extansion based on client letter / vendor letter mentioning he will be having job for next 1, 2 or 3 years). When he told about this to me last week i was like why does anyone have to file an amendment if chaging clients as its not mentioned on the H1B. But i checked it will my employer (not an attorney) and he said we might have to do it going forward. He said he will check with my attorney. I will update if i get to hear from my employer.

I might be wrong, but my employer only used to file an LCA when i changed client with location. So now i think they was to screw us completely by not able to change employer and also the project and work like a donkey irrespective of you like it or now.

This is true. Basically do new H1 in either case - 1. New contract 2. New employer. INS is looking to make $4500 every time we take a new job. There are not words to explain this nonsense.
10-03-2011, 03:49 PM
nishant2200

Quote:

Originally Posted by ssvp22

This is true. Basically do new H1 in either case - 1. New contract 2. New employer. INS is looking to make $4500 every time we take a new job. There are not words to explain this nonsense.

thing is this particular segment has caught their eye and is being targeted, it's obvious. The corporate america has been benefited a lot by the consulting model, and hence it has thrived. Without making any new laws, it's clear that just they can make memos and policies and do a lot.

Now only if the EB1 multinational executive crap they realize and put forth some memo like kazarian for that. It won't happen because in fact they are looking at that category as something which will benefit economy, and from next year january onwards, they are planning to put forth premium processing for the EB1C category. This was even on first page of this thread, a link put by Kanmani, the director of USCIS talking about it in his blog. http://blog.uscis.gov/2011/08/encour...-and-high.html
10-03-2011, 10:22 PM
gcoracle

Guys and Gals, I have a question. Would I need to amend my H1B petition if I am promoted from Sr.Technical Architect to Principal Technical Architect? Job role is more or less the same, only that I am moving from R&D (rest and dream) to operations ( I know why would anyone want to move from resting and dreaming? believe me, even that can get monotonous after 6 yrs). Twist is my H1B extension application for Sr. Architect is pending since July 2011 and now I am offered this position. I have to say yes/no in two days. What will happen to my current pending application? Can we send an amendment while the application is pending? Any advice is greatly appreciated.
10-04-2011, 12:09 AM
nishant2200

I don't feel anything needs to be done. I am assuming your job location is still same.

I have been promoted various times on H1 and successfully got two extensions as well as 140 approval.

Quote:

Originally Posted by gcoracle

Guys and Gals, I have a question. Would I need to amend my H1B petition if I am promoted from Sr.Technical Architect to Principal Technical Architect? Job role is more or less the same, only that I am moving from R&D (rest and dream) to operations ( I know why would anyone want to move from resting and dreaming? believe me, even that can get monotonous after 6 yrs). Twist is my H1B extension application for Sr. Architect is pending since July 2011 and now I am offered this position. I have to say yes/no in two days. What will happen to my current pending application? Can we send an amendment while the application is pending? Any advice is greatly appreciated.
10-04-2011, 05:17 AM
qesehmk

gcoracle i can only tell you my experience with promotions. In my case I received 2 promotions and one job change. But the underlying H1 remained same. In your case the change seems so small, but I am more concerned about R&D to Operations change than the title change.

I guess you simply need to ask your company about it and ensure that the lawyer oks it.

Quote:

Originally Posted by gcoracle

Guys and Gals, I have a question. Would I need to amend my H1B petition if I am promoted from Sr.Technical Architect to Principal Technical Architect? Job role is more or less the same, only that I am moving from R&D (rest and dream) to operations ( I know why would anyone want to move from resting and dreaming? believe me, even that can get monotonous after 6 yrs). Twist is my H1B extension application for Sr. Architect is pending since July 2011 and now I am offered this position. I have to say yes/no in two days. What will happen to my current pending application? Can we send an amendment while the application is pending? Any advice is greatly appreciated.
10-04-2011, 05:37 AM
10102007

Quote:

Originally Posted by gcoracle

Guys and Gals, I have a question. Would I need to amend my H1B petition if I am promoted from Sr.Technical Architect to Principal Technical Architect? Job role is more or less the same, only that I am moving from R&D (rest and dream) to operations ( I know why would anyone want to move from resting and dreaming? believe me, even that can get monotonous after 6 yrs). Twist is my H1B extension application for Sr. Architect is pending since July 2011 and now I am offered this position. I have to say yes/no in two days. What will happen to my current pending application? Can we send an amendment while the application is pending? Any advice is greatly appreciated.

IMO you don't have to, unless the promotion doesn't send you to another place geographically. If along with the promotion you are asked to work from the beaches of Hawaii (hmm..nice), then you have to file an LCA and anamended petition, at least according to the new guidelines (donno if they are in place yet). But as always, please check with your attorney. If you hear anything different from your attorney please come back and post the info here.