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Is H1B amendment with USCIS necessary or just a new LCA for new location is enough?

New York, NY |

I was working for client A on OPT and during that my employer applied H1B for client A which got approved from october 1. Now Project at client A is getting over and I already have another project for client B but in different state. Employer saying they need to file H1B amendment which from my research uscis consider it no different then H1B application. I have read in some forums where only new LCA was filed.

Do i really need to file amendment with USCIS or just new LCA is enough? I am just scared of USCIS and worried that amendment may get deny and I will be out of status. Your advice is appreciated for my sleepless nights.

Attorney Answers 3


Yes, your employer should file an amendment.

Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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1 comment

Anu Gupta

Anu Gupta


b/w- moving to a different state is certainly a "material change".


Ask the employer's attorney. They should know.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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5 lawyers agree


I don't believe it matters whether you suggest one way or the other. The company's attorney will advise the company how to proceed in this case.

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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