What is H1b Amendement? pl furnish detail about H1b amendement?

USA H1B Visa
1

Hi Saurabh:

let me give you some background before putting my question:

We (As a company) filed a h1b petition this yr and got approval for 3 yrs (valid upto Sep '15), LCA was filed for 2 locations…first is employer i.e.our company in TX, and second is end customer that’s in Memphis, TN, USA.

now customer has changed the second location from Memhis, TN to Irving, TX; our company TX location and Job Duties of benificiary will remain same. and therefore we filed a new LCA.

Q1: do you think H1b amendement is required in this case? or benificiary can work on basis of changed LCA?

Q2: We’ve got this 3 yrs approval on basis of 6 months SOW and one client letter stating long term requirement for this person/position? what risk you see in h1b amendement filling…can they reduce the validity period of H1b petition or you see any RFE from USCIS?

Thanks,

Amar

2

  1. Off late, USCIS stance has been that H-1 amendment needs to be filed anytime there is a change in LCA. So, yes you should file H-1 amendment

  2. Usually H-1 amendments are trivial and do not require the entire process/verification. But that doesn’t stop USCIS officer from asking for the documents again. I would suggest talking to an attorney about this.