Do I Need to Apply Lca Again if I Get Job in Same Area

H1B amendment is required if there are cloth changes in the job position. These 'textile changes' are sometimes difficult to understand as there are multiple parameters used to define them.

This article will talk over:

• What is a H1B Job Fabric Change?
• H1B Amendment vs Extension
  • LCA Amendment
  • Amendment is Denied
• Multiple H1B Amendment
• FAQ

What is a H1B Task Material Change?

A material alter tin be 1 of the post-obit:

#1 H1B Piece of work Location Change

If the H1B employee has to move to a new worksite that is in a unlike MSA (metropolitan statistical area), and then this is counted equally a textile modify. This will require an H1B Subpoena.

Notation that an MSA is quite a big area and may or may not change within a l-mile radius.

There is no H1B amendment 50-mile rule by USCIS. About people and attorneys just refer to it in general terms whereas the USCIS and DOL judge the modify in H1B jobs past looking at the worksite's (zip lawmaking) MSA.

Cheque If H1B Subpoena Is required with App >

Instance:

• Y'all are working in Plano, TX which belongs to Dallas Fort Worth MSA.
• You lot go a new client offer in Irving, TX and yous movement from Plano to Irving for your daily work. Note that Plano and Irving are two different cities and about 30 miles apart.
• Your MSA has non changed since both Irving and Plano vest to Dallas-Fort Worth MSA.
• No H1B subpoena is required in this case.
• Note that your residential accost does non make whatever difference unless you work from home.

H1B amendment required location change app

#2 Salary Increase, Task Championship Change, Job Promotion

Take you got a promotion recently? This is good news but you do not need to file an H1B amendment as long as the task duties take not changed significantly from the current approved H1B position.

Example:

• Software Engineer to Senior/Atomic number 82 Engineer or Technical Project director – If your new piece of work position requires you to piece of work pretty much in the same expanse as you were working earlier, then this is not counted as a fabric change.
• Software Engineer to Group Director/ Client Manager – This will be considered a material change every bit the chore role has changed significantly where you are now into management instead of computer science engineering science. Annotation that each H1B position needs to authorize as a specialty occupation independently.

You will demand to file an H1B amendment if the promotion makes your job duties change even if the MSA remains the aforementioned.

Salary increment does not require H1B Amendment.

#3 End-Client Modify

Many H1B Information technology consulting companies accept brusque-term projects with end clients and proceed moving their H1B consultants effectually the same metropolis as they get new business.

The general rule of thumb to follow in these cases is once again the modify of MSA.

Example:

• You move from San Francisco, CA to New Jersey for a short-term 6-month projection for an finish-customer C2 while your H1B employer'due south office stays in CA. This is a material modify and yous should file an H1B amendment petition earlier moving and starting piece of work in New Jersey.
• Y'all filed the H1B amendment for NJ and and so moved back to CA with the one-time client C1 every bit a new contract has been now signed past your H1B employer. Your H1B subpoena is still pending. You do not need to file some other H1B amendment for client C1 in California if your previous H1B is still valid.
• If the sometime H1B with CA location has expired, you lot will need to file an H1B extension.

If yous change your end client within the aforementioned MSA, you can simply mail the existing LCA at the new work location and avoid filing an H1B amendment.

#4 Change in Employer Name/ Acquisition/ Merger

You lot do not demand to file an H1B amendment if your employer has merged with a new company and the new company is taking over all assets and liabilities. This is as well known as successor-in-involvement in legal terms.

The same holds true for cases where the employer's name is changing unless there are changes to the H1B job equally well.

Case:

• The employer's office relocation after acquisition or merger may happen but should not require an H1B amendment as long as the MSA remains the same.
• It consulting employer shuts down concern and starts the same business with a new name. You will need to file an H1B transfer to the new entity.

H1B Amendment vs Extension

Each H1B subpoena is too an extension application every bit the employer usually requests a full iii-year term with each amendment besides.

This is not true with the H1B extension as the extension is filed at the end of the current H1B i797 validity. This extension may non have any changes except the annual salary increment and hence is a simple extension of work say-so.

Both H1B amendment and extension are filed using Grade I-129 which tin only be filed by a US employer. An employee cannot file an subpoena on his ain. All H1B petitions require a United states of america employer sponsorship.

LCA Amendment

A new LCA will be required to file H1B Amendment.

If at that place is no material change to the job, then a new LCA approval from DOL is non required. You can fulfill the LCA amendment requirement by posting the previously canonical LCA at a new work location or within the same role if you got promoted.

The Hour department needs to record this activeness and produce if DOL audits or USCIS site visits inquire for information technology.

Amendment is Denied

H1B amendment tin exist denied if the new job does not qualify as a specialty occupation. This does not invalidate your existing approved H1B petition.

Y'all can get back to work with existing or quondam H1B employers if their petition is even so valid.

Multiple H1B Amendment

You can file multiple H1B amendments with USCIS. This may happen if you lot accept changed piece of work locations rapidly within 3 to vi months' time and the previous amendment is still pending.

The previous pending amendment result will non affect the new amendment as long as the 2nd amendment was filed before your i94 expiry.

If the 2nd amendment was filed after the i94 expiry, then the pending first amendment volition become a span petition and will touch the second one.

The H1B Subpoena processing fourth dimension can be estimated for your private case hither:

Estimate My H1B Amendment processing time >

FAQ

What is H1B Amendment fifty Mile dominion?

In that location is no H1B amendment fifty-mile rule that exists.

Can my existing H1B LCA be reused for H1B Amendment?

You may not exist able to apply the existing H1B LCA for filing amendment as the job position has material changes and requires a new prevailing wage determination at the new piece of work location.

Is H1B visa stamping required after the H1B amendment?

There is no H1B visa stamp in the passport required afterwards filing the H1B amendment unless y'all plan to travel outside the US and you practise not accept a valid postage to reenter the USA.

Tin I use Quondam H1B visa stamp to enter the Us after H1B Amendment Blessing?

You can use the old H1B visa postage stamp in your passport to enter the U.s. even when you lot are working at a new location with a new client.

Source: USCIS

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Source: https://www.am22tech.com/h1b-amendment/