Is H1B amendment required for this scenario?

[mebond007]

Hi

I wanted to cofnirm the the forum if a new H1B amendment is required for my situation.

The situation is:


My emplyoer filed for H1B to work for various clients (No client name mentioned) at the employer's corporate headoffice in state A in US.
The LCA mentiones the employer's corportae headoffice address in state A.

The H1B got approved and I got the visa stamped. (Not travelled yet)

Now after stamping, my employer wants me to work for a client at the client place in state B.

For this he filed an LCA amendment and in the new LCA, it mentiones two addresses:

Primary address: The employer headquarter in state A
Secodary address: Client office address in state B (Note that the client name is not mentioned.)

The LCA amendment also got approved.

Now my question is, is H1B amendment also required for this case?

My employer is saying that H1B amendment is not required as this does constitute a "material change".

Is this correct?

My argument to my employer was that since the H1B is for the original LCA and the original LCA did not mention the secondary address, he should file for an H1B amendment also.

If my employer does not agree, how do I try to convince the employer to go for H1B amendment also.

Thanks

[raghvi]

Hi

I wanted to cofnirm the the forum if a new H1B amendment is required for my situation.

The situation is:


My emplyoer filed for H1B to work for various clients (No client name mentioned) at the employer's corporate headoffice in state A in US.
The LCA mentiones the employer's corportae headoffice address in state A.

The H1B got approved and I got the visa stamped. (Not travelled yet)

Now after stamping, my employer wants me to work for a client at the client place in state B.

For this he filed an LCA amendment and in the new LCA, it mentiones two addresses:

Primary address: The employer headquarter in state A
Secodary address: Client office address in state B (Note that the client name is not mentioned.)

The LCA amendment also got approved.

Now my question is, is H1B amendment also required for this case?

My employer is saying that H1B amendment is not required as this does constitute a "material change".

Is this correct?

My argument to my employer was that since the H1B is for the original LCA and the original LCA did not mention the secondary address, he should file for an H1B amendment also.

If my employer does not agree, how do I try to convince the employer to go for H1B amendment also.

Thanks

An LCA is filed with DOL, an amendment is filed with USCIS. So there is possibility of communication gap between these two, hence its recommended to get an H1 amendment done along with a new LCA. USCIS does site visits, and as per their information they may go to address A, and not finding you there they may recommend revocation of H1 to avoid such confusions, advisable to file H1 amendment too.

This is my opinion not legal advice.