When to file a H-1B for a location change?
H-1B Amendment for Location Change. Though the USCIS has not stated specific regulation changes, due to the pattern of recent denials, it is highly advised to file an H-1B amendment when there is a change of the employee’s work location. The H-1B amendment must always be filed for any ‘material changes’ in the terms and conditions of employment.
How does a new work location affect my H1B visa?
In most cases, it will depend on the amount of time that an employee will spend in the new location and in what capacity. The original H1B visa sponsorship petition will list a worksite location for the employee as part of the Labor Condition Application (LCA).
Can a H1B holder work from home after 30 days?
If you would like to continue to work at the location after 30 or 60 days, file an LCA for your current location and file H1B Amendment for the same. The amendment is required as it is considered a material change, that is part of the Simeio Solutions USCIS H1B Amendment Guidance. You need to do this before your 30 or 60 work days end.
When do you need a H1B job material change?
H1B amendment is required if there are material changes in the job position. These ‘material changes’ are sometimes difficult to understand as there are multiple parameters used to define them. What is a H1B Job Material Change? What is a H1B Job Material Change? A material change can be one of the following:
When to file a H1B work location change?
H1B Work Location Change Occurred After April 9, 2015 But Prior To August 19, 2015 1 The petitioner will be out of compliance with DHS regulations 2 The petitioner’s current H1B petition approval will be subject to a notice of intent to revoke, and 3 The employee may be found to not be maintaining his or her H1B status. More
If you would like to continue to work at the location after 30 or 60 days, file an LCA for your current location and file H1B Amendment for the same. The amendment is required as it is considered a material change, that is part of the Simeio Solutions USCIS H1B Amendment Guidance. You need to do this before your 30 or 60 work days end.
Can a H1B worker work outside the MSA?
Yes, an employer can allow an H1B worker to work outside the MSA location, but there are some requirements to keep in mind. To authorize someone to work outside the MSA location, the employer will have to pay the required wage as per the original LCA for another location. Costs of lodging will have to be dealt with as well by the employer.
What happens if you change your H1B visa?
Now, any change in the employee’s worksite will be seen as a ‘material change’ to the original H1B petition, and will require an amended LCA to be filed with the new worksite. Failure to file an new LCA will result in revocation of the H1B visa, threatening the worker’s legal immigration status.
What happens if you do not file H-1B amended petition?
If an H-1B amended petition for change of worksite locations is required and is not obtained, the consequences can be felt by both the employer and employee. For instance, the employee may lose his or her H-1B status and face deportation.
How does an employer apply for a H-1B Amendment?
To apply for an H-1B amendment, the employer will need to submit an I-129 form to the USCIS. To start, the employer should gather all the necessary information about the relocation, and include them in the H-1B Labor Condition Application (LCA). Typically, the Department of Labor (DOL) makes a decision on these cases within one week.
When do I get a new i94 after H1B?
You will get a new i94 only if your H1B Amendment / extension gets approved. If it is denied, your current H1B approved petition still remains valid and you can go back to work for same job profile that was approved. Oh!
How to file H-1B amended petition for location change?
How to File H-1B Amended Petition for Location Change. To apply for an H-1B amendment, the employer will need to submit an I-129 form to the USCIS. To start, the employer should gather all the necessary information about the relocation, and include them in the H-1B Labor Condition Application (LCA).
How does a change in location affect my H1B visa?
The change in location also means that the employer will have to file an amended H1B visa petition before transferring the employee to the new worksite. This means that companies will have an extra administrative burden for transferring sponsored foreign workers, and will need to plan ahead for assignments to a new location.
Why do you need an H-1B for a location change?
A chief advantage is its portability. Being able to change employers, work full or part time, and even work for multiple different employers simultaneously is a main reason why the H-1B is so competitive. However, you may not realize that you need an H-1B amendment for location change, even if it is with the same employer.
Do you have to file the H1B Amendment?
Thus, the H1B visa holder might not be required to file the H1B amendment, an amendment from the employer will work. Speaking of the amendment filing fee, you are required to pay $1,500 for filing form I-129. There might be other expenses you would need to incur throughout the process.