What is an H-1B Amendment Petition and when is it required?
An H-1B Amendment Petition is filed by H-1B employers to make significant changes to a previously filed or approved H-1B petition. It allows employers to update information related to the beneficiary's salary, job duties, job location, and other relevant details. Filing an amendment petition saves time and cost by modifying an existing H-1B petition.
Under what circumstances is an H-1B Amendment Petition required?
According to the law, an employer must file an H-1B Amendment Petition in the following situations:
- When there are significant changes to the job description of the employee.
- When there is a change in the location of employment.
- When there is a change in the work hours of employment.
- When there is a drastic change in the employee's salary.
- When the employee is working for an additional client or no longer working with a client.
Please note that in case of any of these changes, an additional Labor Certification Application (LCA) must be submitted. It is crucial to consult with an experienced attorney before making any changes to the employment, as it can impact the employee's H-1B status.
Do I need to file an H-1B Amendment Petition for every change in employment?
In general, yes. However, minor changes such as a job title change without significant changes in job duties, minor changes in the job description that do not affect the basic requirements of the duties, advancements in the same position with the same qualifications, minor changes in salary that do not impact job duties, and changes in client location where no new LCA is required may not need to be reported to USCIS.
If your employer has made major changes in your H-1B employment, such as salary and job description, and claims it doesn't need to inform USCIS, this is not true. Failure to inform USCIS about major changes can have serious consequences, including a Notice of Intent to Revoke (NOIR) or denial of future extensions. It is essential not to overlook these formalities.
Can USCIS find out about changes in my employment without filing an amendment?
USCIS has ways of discovering changes made to an employment. They may conduct site visits without notification to verify the authenticity of H-1B petitions. If an employer changes the employee's location and a USCIS officer cannot find the employee at the stated site on the LCA, they may issue a petition revocation. During H-1B transfer or extension filings, USCIS requires supporting documents for previous H-1B petitions, and they can easily identify any drastic changes made during the LCA, such as salary verification through paystubs.
I am changing my location to a different state for the same employer. Do I need to file an H-1B Amendment or just an LCA?
Along with the LCA, you must submit an H-1B Amendment if USCIS conducts a site visit for your employer.
What are the fees for an H-1B Amendment?
The fees for an H-1B Amendment are the same as those for a new H-1B petition, which include a base filing fee of $1,500 and an additional $750 fee if the employer has fewer than 25 full-time employees. The $500 fraud fee is not required if there is no change in employers. It is important to check the USCIS website for the most up-to-date filing fees, as they are subject to change.
My employer has transferred me to another department within the same company, but my salary, terms, and job duties haven't changed. Do we need to file an H-1B Amendment?
No, you are not required to file for an H-1B Amendment since there haven't been any changes to the terms and conditions of your employment.
My employer wants to change my client and location in the same H-1B petition, but they want to modify the dates of my employment. Do I need to file an H-1B Petition?
If your employer is changing the client and location, you must file an H-1B Petition. However, your employer cannot alter the dates of your employment. If they wish to extend your employment, they must file an H-1B extension with the new client details.
My employer has merged with another company. Do they need to file an H-1B Amendment for me?
If the terms and conditions of your employment have not changed due to the merger, you do not need to file an H-1B Amendment.
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