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Hello Gurus,
I work for a desi consulting company based in Dallas / Houston area. I have been working for a client in Hartford, CT area for last 6 years.
Now I am planning to change the client, may move to a different city or may stay in Hartford, CT.
Please advise if I need a H1B amendment? or just LCA change would suffice?
Thank you for your help!
Gurus, please advise...
itsmeusa - I will share what I know. But would be a good idea to also listen to others on this forum - or elsewhere.Quote:
Originally Posted by itsmusa
My understanding is that USCIS says H1B amendment is required whenever there is "material" change to employment terms and conditions. Location change is considered "material" change. So normally I would've said you do need H1B amendment. But if your job is always at a client location then I am not sure if H1B is really necessary. Sorry I can't give you definitive answer.
If the only thing that is changing is the location, and nothing else, the conservative answer is file an amendment, especially if you are moving to a different city that is within a different metropolitan statistical area. If you are staying in the same city with the same job, then you may be able to just do an LCA. If however, any of your job duties are changing, then file an amendment. Your employer should make a decision only after consultation with an attorney. You might want to get a 2nd opinion if they choose not to file an amendment.Quote:
Originally Posted by itsmusa
Thank you lisaanderson...
Updates - my employer was of opinion that H1b amendment is not required as job duties would remain the same even if I am moving to the new client in the new state.
However, I read on many forums that H1b amendment is necessary in such cases.
So, I followed up with 2 lawyers who have been helping me on GC and got the confirmation that we must file H1b amendment in my case. Finally I got my employer agree to file H1b amendment.