Urgent - Can a first-time/new H1B petition be ammended for client/location change in response to RFE for client letter.


#1

Mine is a L1B to H1B conversion case with a consultancy company (who directly serve end client), lottery picked up for H1B2018, but client and location changed unfortunately right after petition filing. Please can someone confirm if it is possible for my employer/attorney to communicate this situation in response to RFE for client letter and request to ammend or accept new petition with new LCA and new client documentation?
Would appreciate response about this feasibility from legal framework stand point if it is possible to do the above and what are the risks involved?


#2

Metropolitan Statistical Area (MSA) rules apply here. They must be followed as excerpted below:

"When You Do NOT Need to File an Amended Petition

A move within an MSA: If an 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, one does not need to file an amended H-1B petition. However, employer 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 employer 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. Short term placements: Under certain circumstances, employer may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See Federal Register 20 CFR 655.735. In these situations, employer does not need to file an amended H-1B petition. " Hope this helps


#3

Appreciate the response! Mine is a new H1B petition which is still pending. Also, I have relocated to a different client and a location which is out of current MSA. Please can you shed more light with this in consideration. Thanks in advance.