An H-1B approval covers a specific job, at specific worksites, under specific terms. When those terms change in a material way, the employer must file an amended H-1B petition. The rule that catches most employers and workers off guard is timing: the amendment generally has to be filed before the change takes effect.
An amended petition is generally needed when there is a material change in the terms and conditions of employment, such as:
Some changes need only a new LCA posting and notice and not a new petition, for example a move within the same commuting area. Short-term placements at other locations are governed by specific Department of Labor time limits. Because the line between the two is easy to misjudge, we review every change before it happens.
File the amended petition before the change takes effect. We advise on exactly when the employee may begin working under the new terms.
A new certified LCA is required for the new worksite or terms, with proper posting at the new location.
Unless you also request an extension, which we often combine with it when the approval is near expiration.
USCIS can look at the whole job again, so the petition must be complete and consistent.
Call us with the planned new location, duties, or hours.
We determine whether an amendment, a new LCA only, or no filing is required.
LCA filing and posting at the new worksite.
I-129 amendment filing with updated support letter, contract, and end-client documents.
Receipt notice and decision, with premium processing available for a fee.
Tell you before the change whether an amendment is needed, and avoid unauthorized-work exposure
Prepare the LCA, notice postings, and amended petition so every document tells the same story
Check pay against the LCA wage at the old and new worksite
Coordinate employer, end-client, and vendor documents
Respond to RFEs and, where a change was already made without filing, assess the risk and the repair strategy
The change already happened, creating a period of unauthorized employment.
A past move or duty change without a petition surfaces during review and is treated as a status violation.
The new duties no longer fit the SOC code, the degree, or the original approval.
Duties are generic or do not require a degree in a specific field.
Not certified before filing, wrong worksite, wage below the prevailing wage, or missing notice postings.
The contract, end-client letter, purchase order, LCA, and petition letter disagree on duties, address, or project dates.
The end client will not provide a letter, or the project end date is too close or unclear.
The LCA wage level does not match the experience that the client documents require.
Pay stubs show salary below the certified wage, or year-to-date amounts, state tax, or home address do not fit the LCA location.
Missing signatures or postings, wrong fees, wrong forms, or the wrong petition type.
In many cases the employee may begin the changed employment once the amendment is properly filed, but the answer depends on the type of change. Confirm with us before you move.
If your home is outside the area covered by the LCA, a new LCA is generally required and an amendment may be too. Remote work is not exempt from these rules.
Contact us immediately. The right response depends on the dates, the distance, and what the employer has on file, and early action improves the options.
Only if you travel and your existing stamp has expired. The amendment is a USCIS approval, separate from the visa.
Ask before you move, change duties, or accept a new assignment. Request a Free Online Case Evaluation or Book a Paid Consultation and get a written answer from an attorney.
