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Can a H1B holder change job duties/ job tittle and relocate within the same company in other branch office in other state?

Virginia |
Filed under: Employment

Dear talented lawyers,
I would like to have some questions:
1/ Can a H1B holder transfer position within a company and work at the same location without informing USCIS to admend his/her H1B visa?
2/ Can a H1B holder transfer position within a company and work part-time at the same location without inform USCIS to admend his H1B visa?
3/ Can a H1B holder change job duties/job tittle and relocate in other branch office in other state within the same company?
4/ Can an H1B employee work part-time in stead of working full-time with the same company as stated in original H1B visa which was granted for that H1B holder?
5/ Does the company need to inform USCIS about those changes?What forms need to be filled?
6/ How much does it cost for changing job duties/ tittle,relocation,transfering?

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Attorney answers 1


The answer to all of your questions is that the company must first obtain approval not only of USCIS but also of the Department of Labor for any of these changes. In the last few months, USCIS has started making unannounced visits to H1B employers to verify employment, which includes the position, salary, location, and all the other details listed on an H1b petition.

In terms of the application forms, the company would have to file a new Labor Condition Application with the Department of Labor (ETA Form 9035) and the I-129 forms relating to the H1b visa.

Please speak with an immigration attorney about your situation to ensure that you are working within the regulations set out by the government, and to create a case strategy that works for you and your employer.

Best regards,

Renata Calderaro, Esq.

The Calderaro Law Group
12550 Biscayne Boulevard
Suite 800
Miami, Florida 33181
305-938-8391 Telephone
305-938-8392 Fax
212-335-4920 Venezuela

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