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Friday, June 26, 2015

Amendments For H-1B Employees

The USCIS has recently issued revised guidance on filing of amendments for H-1B employees who are working in a geographical location other than the one stated in their latest H-1B petition.

To be 100% compliant on this important matter in the  light of the new USCIS guidance, here are some of the circumstances which might call for an H-1B amendment.

  • If you are working for the same client and at the same location as per the latest H1B filing: no need for amendment.
  • If you are working for the  same client but at a different building within the same city or geographical location within the commutable distance there is no need for amendment
  • If you are working for the same client but, if your H-1B was filed for say Newyork but  you are now working at  SFO(or vice-versa), then you would need an amendment.
  • For associates who are filed for one client, but you are now working for another client whether it is same city or outside of the  originally filed location, then an amendment is a must.
  • If you are working at a client location other than the one found in your latest H-1B petition purely based on Transfer memo, and if no amendment H-1B approval was provided to you thereafter for the said client, then an amendment will be required now.

For deciding this,  you can locate the address  for your latest H1B filing in  your h1B  bunch given to you,  in the I-129 form, on part 5  where it states “Basic information about the proposed employment and employer”- In most cases found on page 4 of the said I-129 form.