a. Hello Attorneys and Gurus: In current situation (employer-employee relationship memo), does change of client require 1 to file H1B amendment or 2 filing new LCA fine as it was before? Thread is empty. I have been working in US for a big retail corporation via a Employer -> Vendor -> Client setup. In a recent Administrative Appeal Office (AAO) decision, Matter of Simeio Solutions, LLC, the court held that a change in the beneficiary's place of employment to a different MSA is a material change with respect to the immigration . Location change is from my employer's location A to location B. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. I got a job offer from US based company and that company started H1B transfer. The file will be processed normally and dependi. But I will continue to work remote with the same client[EVC Model]. An H-1B amendment is required when there will be a material change in the terms and conditions of authorized employment. Filing an Amended H1B Petition. We are here to help you in your case now. Filed H1B Amendment from outside USA - June 2018 Now my employer had filed an h1b amendment in June 2018 and got receipt number. many many thanks #2 09-15-2010, 02:25 PM . Quick question - Can H1B visa holder work from USA on India payroll until his/her US client is ready to accommodate - Answered by a verified Immigration Lawyer . Showing 1 to 0 of 0 rows. H1B Amendment - Relocation working remote Posted: 02 Sep 2015. A detailed work itinerary is required to prove the actual work assignment and hours at the end client location. You need to do this before your 30 or 60 work days end. However, with USCIS' strict interpretation of regulation, it is open game for USCIS to start considering a client change (even in the same metro area) as a material change due to a change in the underlying relationships in the original petition. My petition which is valid till July 2018 is for Texas (for EFG client). An application is deemed filed once it is received by USCIS. Please read this important update to our previous article Amended H-1B Petition for Change of Work Location.. USCIS recently provided clear Guidance on the need to file amended H-1B petitions pursuant to Matter of Simeio Solutions, LLC, and provided a deadline of August 19, 2015, for filing amendments for H-1B employees who have previously changed worksite locations without filing H-1B amendments. Watch this thread Start a new thread Add a post. My H1B amendment got filled on regular processing (1 Month back) for client and location change and I got a receipt notice. Thread is empty. You can work for another client within same MSA as approved H1B without filing an amendment. However, the employer does not need to pay the $500 fraud fee as there is no change in employers. H1B Amendment Location/Client change Question. The H1B amendment filing fee is $1500 for filing Form I-129. Change in Client or Project May Also Require H1B Amendment. I am with employer ABC(which is a consultancy). Should the H-1B be amended even if the employer stays the same? MBB, B4 and all the firms are subjected to exact same law. 6 Ways to Find an H1B Visa Sponsorship; How to Change Jobs on an H1B Visa Is there any possibility of H1B amendment rejection though moving on the same job profile. This is a material change and you should file an H1B amendment petition before moving and starting work in New Jersey. File H1B amendment or not for client change? My dependent (H4) has to travel to US (they have valid I94 until June 2018 and visa is stamped with that date ) , Are they allowed to travel to US when my amendment for new client (location change) is in process? I never get an RFE and I don't know anyone who did , that doesn't make it a fact for all candidates. H1b visa approval without client letter is possible. Read More. If I am not mistaken, when Employer X has filed and got my petition approved and I am working with Client A on contract and now change my contract to Client B at a different work location, there is no need to amend the H1b petition. Travelling Outside The US While An H1B Change of Employer Petition Is Pending. Therefore, you will have to file a new LCA for that particular location, as well as an Amendment for it before you reach the 30 days term. I currently have H1B visa that kicked off in October 2017, I'm planning to travel home in December and get H1B stamp to come back to the US. 5. 20. Hello: I'm working with employer A for client B. I'm getting re-staffed to new client C through same employer A in a new work location which is in same MSA as client B. The amended LCA was always required for . Now last year I moved to Newyork and my employer filed an amendment for new client and location change. If a valid employer employee relationship cannot be proven, then USCIS will deny the H1B petition. My client is crazy about the delay, Can i travel with the amendment receipt number and what would be the challenges if travelling with an amendment receipt number, till November some of my colleagues have traveled with receipt number and now in the US,since December my employer allows travel only with an . To file an amended H1B petition, the employer must file Form I-129 to notify USCIS of a material change to the H1B employment. looking to move to another location which needs an amendment. My current visa status is H1B/I-140 approved. You will be able to work, but only for 30 days. Therefore, you will have to file a new LCA for that particular location, as well as an Amendment for it before you reach the 30 days term. An H-1B amendment is required each time there is a material change in the terms and conditions of employment. 6 Ways to Find an H1B Visa Sponsorship; How to Change Jobs on an H1B Visa 2) When H1B amendment is under processing regular or premium, - whether a employee can move to the change of location place (Texas), and work from home (which is approved by client)? If you are in Consulting role, you may work at a client and h1b back to your amendment location every week. As long as new workplace is with in 50 miles of one on current h1 no amendment is required. They can then initiate the H1B transfer status, which could take several months. 5. 20 CFR 655.801 (b) and 20 CFR 655.810 (b) (2) $7,846. Health Care. My employer didn't file my H1B amendment, required for change of work location. Will it be a problem if my H1B amendment application (change of client location) is pending while I'm getting stamp? Indu, I have valid H1B until December 2020. Officially, USCIS says that if there is a 'material' change in your H1B job, you should file for amendment. Thus, the H1B visa holder might not be required to file the H1B amendment, an amendment from the employer will work. There are no changes in job title or roles/responsibilities when I start working with client C. It should be done before you start performing work from that location. Sponsoring employers may need to file a petition in certain situations. Each H1B amendment is same as new H1B application and the approval validity MIGHT be restricted to client's project length. The USCIS will reevaluate your H-1B visa eligibility as a result. @Anil.Gupta In your article titled - h1b can work from home (H1B Can Work from Home, new LCA, Amendment Required - USA), you informed that h1b can have their home address amended and work from home. While the Simeio Solutions decision and corresponding memo address the requirement for filing an H1B amendment based on a change in the worksite location, there are a many other situations in which an amendment would be necessary. Is the H1 Amendment required for client change? When you change positions or employers, you must file a new petition. So, seek proper legal guidance or your firm's . Please check the USCIS Website for the filing fees as they are subject to change. If the job location changes, what do you do? H1B approved, Visa stamping not done, Still outside USA I have an approved petition for Location A and Client X. I do not have visa stamping for approved petition and hence not travelled to US. Can I travel outside US while my perm is in process? H-1B Amendment is Now Required in Change of Work Location Situation. Loading, please wait. What you need to do to work from Home on H1B. Like this thread 1 0. Can we withdraw amendment after H1B Transfer? My current H1B extension is valid until 12/31/2020. I had a sudden death in my family for which I traveled back to India couple of weeks back. You filed the H1B amendment for NJ and then moved back to CA with the old client C1 as a new contract has been now . My transfer was filled thru PP and approval came in a week. Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. $7,939. As per the short term for rule, employer from place a H1B holder at a different work location, for up to 30 . 3. The question is how do you know when USCIS has received the application? The decision leaves one issue unresolved: whether a new worksite within the same metro area will be considered a material change requiring the filing of an amended H-1B petition. GREENEE_SINHA August 3, 2021, 3:15pm #1. Non-Nested Replies Show Nested Replies. USA. If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability, the H1B employee may be able to travel on H1B while the petition is pending if:. Does Trump's recent proclamation has any impact on Amendment for location change?#h1b #workvisa Now, I'm not sure if I can apply for H1B before getting my EAD for OPT. I used to work for client X when my H1b was filed , the location on my LCA was my home address as i worked from Home. Non-Nested Replies Show Nested Replies. If you would like to continue to work at the location after 30 or 60 days, file an LCA for your current location and file H1B Amendment for the same. Do my employer needs to file H1B amendment in the case of new client location within 50 miles and more than that. H-1B Extension With Amendments. 5. To start viewing messages, select the forum that you want to visit from the selection below. Thank You. The H1B employer must file an amended or new petition . Thread is empty. Loading, please wait. At the same time , individual cases vary a lot. When it comes to an H-1B extension with amendments and the 240-Day Rule, there is a grey area that can be interpreted in different ways. Hi, I have valid H1B Visa and I-94 till July 2018. Yes, it will be affected. I am planning to change my client with the same employer. Currently on H1B. If its not within the commutable distance, one must file a new LCA(no need of H1 amendment as such, just obtain the new LCA and attach to the existing H1). Though the USCIS has not stated specific regulation changes, due to the pattern of recent denials, it is highly advised to file an H-1B amendment when there is a change of the employee's work location. His H1B (I-797) petitioner and employer (from which he is getting his salary is still the same). Many people visit Canada and Mexico for H1B renewal stamping including the H1B Amendment, Transfer, or extensions instead of visiting their home country. Since Accenture/Client C don't have policy of providing end-client letter, I was unable to provide relationship between Accenture and Client C that caused denial of my H1 amendment. But, remember, your old H1B application still remains valid if you are NOT changing the employer. Watch this thread Start a new thread Add a post. I recently got an email from my company that I'm going to start later this year that I have been selected to apply for H1B for 2023. I'm going to apply for OPT soon as I graduate in May. Our extensive legal experience and ability to bring creative solutions to the table when our clients are in tough situations are the reasons why Immigration Desk has a sterling reputation and one of the highest visa approval rates consistently over the past 15 years. There was ABSOLUTELY no issue in getting H1B transfer completed as long as you have valid I-94. Yes. Does client change require H-1B amendment? But in later part you are saying that chances of approval for h1b telecommuters is less , especially in EC or EVC model. In order to file an amended H1B petition, the employer is asked to file form I-129 in an attempt to notify the USCIS of a pending material change. To be absolutely sure, you should wait to get the hard cop. H-1B Amendment. It is not approved yet. Your employer can provide supporting documents like vendor agreement or contract between your employer and your client. Answer (1 of 8): See below my answers to your questions: 1. The 50 miles is not the criteria, but different MSA (metropolitan Statistical Area) is for the 'Job Work Location' change. Answer (1 of 3): Assuming that the amendment filed for a client location change is denied then your lawyer would have to file a fresh H1-B. H1B Amendment and Extension RFE Specialty Occupation Posted: 09 Jul 2020. Dear Friends, I work for Desi consulting firm and I have H1B approved till 2013 with valid I-94(labor+I140 Approved, 8th year on H1).I will be applying for an H1B amendment to my current approved petition (approved last year 2010) since i will be changing job client location. H1B amendment Withdraw You can withdraw H1B amendment and go back to work for old client and old location as per already approved H1B terms. My project changed to different client from original client I was working for when I got my H1B/LCA approved.
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