H-1B employers usually take the route to an amended petition when a filed or approved petition has made a significant change related to the beneficiary's salary, job duties, job location, etc. Filing an amended petition helps an H-1B employer save cost and time by making changes to an H-1B petition that has already been filed previously.
When certain changes are made on an H-1B Petition, under law, the employer is obligated to inform USCIS. The employer must file an H-1B Amended Petition under the following circumstances:
- If the job description of the employee has significant changes
- When there is a change in the location of the employment
- When there is a change in the work hours of the employment
- When there is a drastic change in the salary of the employee
- When the employee is to work for an additional client or is not working with a client anymore
Please be advised that the employer will need to submit an addition Labor Certification Application in case of any of the changes mentioned above. Please consult with an experienced attorney prior to making any changes in the employment as this can be very critical to the employee's H-1B status.
Generally yes, however minor changes as the ones mentioned below do not need to be addressed to USCIS.
- Change in job title without major changes in the job duties
- Minor changes in the job description that do not affect the basic requirements of the duties performed by the employer.
- An advancement in the same position where same amount of qualification is required as stated on the original H-1B petition.
- A minor change in salary that does not affect the job duties of the employee
- New client location during which submission of an LCA is not required
- If the company has merged or now supervised by another employer and terms and conditions of the employment have not changed
My employer has made major changes in my H-1B employment such as my salary and job description. He states that this does not need to be informed to USCIS. Is this true? What are the consequences?
All major changes in an H-1B employment must be reported to USCIS. If you do not inform USCIS, you will face serious consequences such as NOIR or denial of any extension you may file in the future. Please do not disregard these formalities.
Can USCIS find out about if my employer makes changes in my employment without the filing of an amendment?
USCIS can most certainly find out about changes made to an employment. For instance, USCIS does perform site visits without notification to confirm that the H-1B is genuine. If the employer has changed the location on the employee has a USCIS officer cannot find the employee at the site stated on the LCA, the officer may issue a revocation of the petition. When filing for an H-1B transfer or extension, the employer is required to submit documents supporting the previous H-1B petition. During inspection, USCIS can easily trace any drastic changes made during the LCA. (Ex. Salary of the employer can be verified from the paystubs.)
My employer is changing my location into a different state. Do I need to submit an H-1B Amendment or just an LCA would suffice?
Along with the LCA, you must submit an H-1B Amendment in case USCIS issues a site visit for the employer.
The fees for an H-1B Amendment are the same as a new H-1B petition—$1500 + $750(if the employer has less than 25 full time employees.) However, the employer does not need to pay the $500 fraud fee as there is no change in employers. Please check the USCIS Website for the filing fees as they are subject to change.
I am currently working with Company A on H-1B and my employer has transferred me to another department within the company premises. However, my salary, employment terms and conditions and job duties have not changed. Do we need an H-1B Amendment submitted?
No. Since the terms and conditions of the employed have not changed, you are not required to file for H-1B extension.
My H-1B employer wants to change my client and location in the same H-1B petition. However, my employer wants to change the dates of my employment. Do I need to file for H-1B Petition?
Since your employer is changing the client and your location, you must file an H-1B Petition. However, your employer cannot make changes to the dates of employment. If by any chance your employer wants to extend your employment, she must file for an H-1B extension with new client details.
As long as the terms and conditions of the employment have not changed, you need not file an H-1B Amendment.
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