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Do I need an H1B amendment or only a new LCA certification by DoL?

Plano, TX |

I was working at my employer's office earlier. Now I am working at the office of my employer's client, on that client's project. I am getting conflicting advice on what needs to be filed with USCIS/DoL:

1. Some friends have said that in a similar situation, only a fresh LCA was posted and certified by DoL for them
2. Others are saying their attorney filed an H1B amendment with USCIS for such a change

Please advice what will determine which of the above 2 applies to my case

Attorney Answers 3

Posted

This really depends. There are provisions in regulations for temporary and short term off site placements by your employer. However, if the off site placement does not meet regulatory requirements a new LCA is required.

If there is a material change in your job then an amendment needs to be done. If the employer actually changes then a new H-1b must be filed.

However, this is all very general. You need to put on an appointment with your immigration lawyer to see what your situation requires. Good luck.

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1 comment

Daniel Lee O'Neil

Daniel Lee O'Neil

Posted

Excellent response

Posted

Amendment is to be filed for all material changes. If the position is the same, and there is a change in job location, new LCA suffices. However, if the client changes and accordingly some terms and conditions change, amendment should be filed.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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Posted

David provided a fantastic response - it really does depend - and you would be best served by running the specifics by your trusted immigration lawyer or other adviser to receive advice based on the specifics. Best of luck

Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.

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