Worksite Changes - Employer did not filed my H1B Amendment

Hi All,

Enter US with valid visa from employer A but the work location was different than the one which is mentioned in the LCA

Ideally he should file amendments but he did not filed it and I continued working at new location. Meanwhile I kept reminding my employer about filing for my amendments

After four months, I got another offer and I filed H1B Transfer in premium processing. It went into RFE and in RFE it asked about why amendments was not filed.

New employer’s attorney responded and I am waiting for the decision on my case.

New employer’s attorney is saying based on the decision, I may have to leave US and visit to my home country.

Has anyone faced similar issues?

If my H1B transfer get denied, can I continue working for my current employer? After consistent follow up now my employer is saying he filed my H1B-Amendments.

Please adive, I am in tense situation now and unable to concentrate


If your previous employer has filed amendments, ask them for a proof of it, so you can use to prove your case. I suspect, that they didn’t so the issue now. If the H1B for the new employer gets denied, you can still continue to work with the current employer.

my employer kept saying that he will file my amendments but I am unable to ensure. Evenif he had filed it, the rule “amendment should be filed before starting work at new worksite” is broken right? what to do with that?

Hi Suresh

I am in a similar situation. Could you please let me know the following:

  1. How did USCIS figure out that your amendment was not filed? Through your paystubs?
  2. What finallly happened to you cases, were you able to get an approval?
    Any comment would be highly appreciated.

Yes, I submitted paystibs which I got from ADP. USCIS clearly pointed this discrepancy in the RFE.

I followed my attorney to go for consular processing. in the responses he requested for the same and I travelled to India. I was eligible for a drop box and I got my visa stamped with new employer.

There was an option to go for Canada for stamping but I decided to go to India

Hi Suresh, did you resolve this issue by reentering US from India? will it be an issue to do h1b transfer? did your new employer apply for a new H1b or just transfer H1b for you? I have the same situation, and I didn’t know that employer needs to file amendment for me once they asked me to change worksite to do other projects. Look forwarding to your replying.

Hi debe, Yes I resolved it by reentering US from India. all worksite changes are not required to file amendment. check your case and see if your case requires amendment

Thanks Suresh for your reply. my case needs amendment, but my current employer didn’t do it for me, I want to know: does it affect the h1b transfer if I want to change my employer in a few weeks?

if you explain this situation to your new employer then he may do right documentation. For my case, I got RFE as pay stubs I submitted has different location than the location stated in H1B (LCA ).

My new empliyer attorney explained me this is descripancy. To resolve this he have to request for consumer processing for my case. I then have visit consulate in India.

So if your paystubs have location within 100 miles of your location then you are good. Otherwise be prepared to face RFE and visit consulate outside US.

But explain this situation to your new attorney before applying for H1 transfer

Let me know if you need any help.

Hi Suresh

Iam in a similar situation , my previous employer did not file amendment but applied extension on same client , meanwhile my transfer is in process , do you think will this be any problem for my transfer

Hi Suresh,

One of my friends is in a similar situation and we are looking for help. Could you please let us know on this.

My friend’s original H1B based on a client in Arizona. In the middle there is a change in the client and new client is in Colorado. But the employer always runs payroll with Arizona state taxes as their main hub is in Arizona.

It’s time for extension now and while providing client letters .Client is from Colarado.

Attorneys mentioned that amendment should have been filed but that wasn’t done, so they don’t want file an extension.

Not sure how to proceed now. Please let us know.

I know your current employer won’t do it. That what happened in my case. I kept asking him from the day I landed here I US. I waited for 7 months. I also observed that he filed amendments for other candidates like me but he was not filing amendments for me.

I know that this is going to impact my future H1B filings. After six months of follow up , i stopped talking to my manager, I found new job with direct direct client. New attorney filed h1b transfer, it went into RFE because of different worksite locations location. New attorney requested for counselor processing, I visited Indians consulate, I was illegible for drop box because I did h1b transfer in less than years time.

I got visa stamped with my new employer.

Now my employer filing my perm

Hi Suresh,

Thank you so much for taking time in the weekend and responding on this.
Could you please let me know what is the best thing to do now.

If we change the employer now, would it help?

If you don’t mind, please send me your phone number in a personal message, I can call you and I can explain my situation better and take suggestions from you

Hi ngiri,
What option have you chosen as I am in similar situation my employer didn’t file amendment now I need to file my extension too, what would be the right choice to consider.

Hi suresh,

I’m currently facing the same situation. I work in civil engineering firm which involves lot of traveling between the states. I was in PA for past 2 years and my H1-b got approved in 2017 and paying taxes in PA, currently working in VA from April 2019. My employer did not file any amendment. I got a new job and applied for H1-b transfer and received rfe for the change in work location. Do you have any idea about this situation?

Thank you in advance.