Approved in Lottery, but Change in Work Location required

USA H1B Visa
1

My Case is selected in Lottery, but I want to change the work location from X to Y. Is it possible? If yes, Please let me know the procedure. Also, I want to include my Spouse for H4. I got married in Feb 2016. Do i need to have my Name on my Spouse Passport (Indian)?

2

The information below is from a law alert website, please verify it first. I also don’t know if this decision was appealed. In my opinion, and in agreement with ruling below, it depends on what stage you are in.

"Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical locations outside of the labor condition application (LCA), or applications filed with the beneficiary’s original petition, before a new LCA is approved and a new or amended H-1 petition is filed with the United States Citizenship and Immigration Services (USCIS). See: Matter of SIMEIO SOLUTIONS, LLC, 26 I&N Dec. 542 (AAO 2015).

Before this decision, it was established practice, confirmed by officials of USCIS going back for years, that a change in geographical location would not require the filing of an amended H-1B petition, as long as there was an approved LCA in place for the new location.

Here, the AAO found that failure to submit a pre-existing labor condition attestation to USCIS for certification with respect to a specific worker “may impede efforts to verify wages and working conditions.”

3

Thanks for replying. My Status is still awaiting adjudication. Also please check my another query with respect to spouse name.

4

Are you inside US or not?

5

Thanks for replying Saurabh. I am in India.

6

Once the petition has been approved, new LCA needs to be certified followed by H-1 amendment. Until the H-1 is approved, location change is not possible as that would require changing the submitted LCA.

As for spouse, no action required right now as you are outside of US. When you are ready to appear for stamping, take your spouse w/ you and s/he can get her/his H-4 visa stamped.

It is not required to have spouse’s name mentioned in the passport as long as you have other proof like marriage certificate, wedding card/album to show that both are really married.

7

Thanks for your updates Saurabh.