H-1B Amendment – When is it Required?

The H-1B Amendment is the petition which needs to be filed with USCIS by the H-1B Petitioner, under circumstances of a material change in the terms and conditions of employment or the employee’s eligibility. USCIS must be notified of these changes by means of filing an Amended Petition.

h1bamendment

When to File Amended H-1B Petition?

An H-1B Employer must file an Amended H-1B petition under the following circumstances:

  • When an H-1B Employee is transferred from one firm to another (another work site), which is not listed in the original LCA (Labor Condition Application) and the new firm becomes the employee’s Employer. Transfer from one location to another, in the same job field does not require an Amendment if the employer/petitioner remains the same and the supporting LCA still remains valid.
  • When an H-1B Employee transfers from one employer to another, a new LCA (Labor Condition Application) needs to be filed so that a new employer would take the responsibility and is liable for the H-1B candidate’s return transportation.
  • The job responsibilities change significantly, not matching to with the responsibilities mentioned in the original petition.
  • When an H-1B employee has been converted from part time to full time or vice versa.
  • When the H-1B Employer merges with another company to create a third entitiy, which will subsequently employ the H-1B candidate.

When to not File an H-1B Amendment

  • When an H-1B Employer relocates from one to another branch within the same company.
  • When the petitioner company changes the name. The petitioner may report the change of the company name while filing the extension of stay for the candidate.
  • When the candidate’s job title changes or gets a promotion, with no significant change in the employee’s job responsibilities.
  • When there is a change in the ownership structure of the petitioner’s company.
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31 Comments on "H-1B Amendment – When is it Required?"

  1. Hello,
    Well, I have the approved H1B petition through my employer. Due to the business needs, my employer’s name and other related things like Logo, branding etc are changed. Now, I’m all set to go for stamping in another 20 days, when my employer’s organization ws evaluating all the possible business risks, this point has come up.

    Summary of my situation
    ———————–
    That is, when petition was files the company’s name was A
    Lately after petition was approved and before I need to get is stamped, the name of my employer is changed (Not completely, but slightly)…

    What should be done?

    Looking forward for your kind answer.

  2. Hi
    if I am going to move from one state to another within the same company do I need to file for an H1B amendment

  3. Hi,
    I have recently received RFE notice for my H1B visa extension and not filed any response against it.My visa is expiring on 20th Nov 2017 and my project is ending on 22nd Nov. Now my company wants me to change the Job location and Client company.

    Is it possible to file an amendment at this stage and get approval for both (extension +amendment)

  4. Hi ,
    My employer remains same , and project location changed out of MSA region .So When should I apply for the H1B amendment on the first day or before moving to the project location along with LCA or Is there period to apply for H1 amendment to be applied once we move to the location

  5. I was working in NH client location and when my amendment was in process, I came out and later after withdrawing it got approved. Will it be any issue for this ?
    and right now I’m on bench after that incident and planning to visit to India for stamping. So do i need to file another amendment that I’m working with my employer who has my H1B petition? or I don’t need any amendment because I’m going with the employer who filed my petition.?

    Could anyone please suggest me. Its urgent.

  6. Hi I recently moved from F1 to H1B status. Current my name on passport, H1B and all other documents as Janava Santhosh.

    Now I’m changing my name on Passport from Janava Santhosh to Janaka Santhosh Reddy and also changing my parents name from Janava Krishna to Janaka Krishna and Janava Nandini to Janaka Nandini.

    After getting the new passport. while doing H1B amendment does it create a problem for my status..? since my name and parents name changed..

    Please Advice. Thanks

  7. I changed my vender but same client and location, i am travelling to get h1 b stamped . do I need an ammendment?

  8. My H1B petition got approve in Oct 2016. Can I process for an amendment now or need to wait for 3-4 months before applying for an amendment. I understand that I need amendment as my client is changed now and the work location will be different, though I am still employed with the same employer who processed my petition.

  9. Hi,

    My H1-B visa petition is approved in year 2014 and haven’t got stamped yet. Now I want my H1-B visa to be stamped as it is valid until Mar 2017.

    I am going to work with new client than that is mentioned in my LCA with the same Employer. Please could you suggest below points –

    1. Do I need to take H1 amendment to get Visa stamped?
    2. Do I need to carry new LCA before Visa stamping?

    Kind regards,
    M

  10. Hi how about the change of Client's name ???? I got stamped for a Client A and how the client name has been changed for A to B????? I'm about to travel by this month end. 

    Will i get any problems?

  11. I work for medical research lab (lab A)  in a big University. If I find a new position in another medical research lab (lab B) in the same University doing scientific medical research as well, do I need to file an ammendment?

    Lab B is located across the street from lab A

  12. If I am changing my name ( adding surname) then do I need to file amendment?

  13. Dear All,

    I would like to know, when the employee was not eligible in procossing his H1b amendment visa.

  14. hi,

    I got my new extended petition till jan-2018 from company A along with my wife H4 with the same date. I am travelling to India for stamping in Feb-2016 and returning back in Mar-2016.

    If I change my company A to company B in Apr-2016 then my new employer will file my petition along with my wife's H4.

    So can my wife go to India in Dec-2016 or we need to wait till new petition comes our way.

    please guide!

  15. Hi have my H1B stamping done for client A in July,2015 . Due to some reasons I'm travelling now to other client and location. I have already filed amendment with USICS, Just wanted to know how soon I can fly, can I fly as I get recipet number??

     

  16. Hi,

    My H1B was filed from my current employer. Now I got offer from a different employer. Can I change my job and still my petition remains valid which I can transfer to my new employer? Please confirm.

  17. Hi,
    I got my H1b petition extended on Nov 2014 till Sep 30 2016 with client A
    I return back to India and moved to Client B.
    In Mar 2015 a new LCA is posted with Client B and certified from Apr 8 2015 to Sep 30 2016.
    Now sep 9 2015 I want to apply amended petition to Client B.
    Do I have to post LCA again and certified for Client B or I can apply for amendment alone?

  18. Hi All,

    My petition got approved through X project. But currently am working in Y project.

    My questions are
    1) Do I go for stamping and then do amendment or
    2) First Amendment and then go for stamping

    does amendment impact my petition approval?

    Please Advice. Thanks

  19. I was working in Wi and I moved to Wa and I am working for the same employer, do I need to amend my H1B? Thanks

  20. I work in phoenix and My husband works in california.He works for a client called VISA from CTS. Now as I’m in phoenix, he wants to work from phoenix CTS office for same client VISA.Is it required to file amendment in this process?

    • Yes, amendment is always recommended for LCA and H1b as the DOL and USCIS has to be updated with the address of non-immigrant alien all the time.

  21. Hi All,

    I have approved H1B petition from my last employer.So far, i never went to stamping / visa interview. Now I would like to transfer the approved petition to my current organization. But there is a change in company name, offer letter date and reliving letter of my first company.

    If I transfer it with new company name from my current employer. Will it give any problem.

    Company A -> Company B (who filed H1B last year) ->Company C(new employer)

    currrent situation = Company name change in A -> Company name B (who filed H1B last year) ->Company C(new employer)

    Company A has given revised offer letter, relieving letters now which is change in approved petition.

    please guide me how to proceed.

    Regards,
    Jo

    • My question to you is Are you going for Visa Stamping ? Is your transfer of H1b is approved with current company?
      If your transfer is done and you need to go for visa stamping then you have to have the following for Interview.
      1. Consular Letter – Attorney provides
      2. Employer Letter
      3. Experience Letter
      4. New Approved LCA
      5. G-28 Form
      6. I-129 Forms
      7 . Latest 3 months paystubs
      8. Employment Agreement
      9. Original I-797 Approval Notice
      10. Original Passport
      11. Client Letter / Vendor Letter
      12. Client Badge / ID Card (if any)

      I hope this will help you.
      Thanks,

      CB

  22. If COS is not filed while submiting the application for H1B. (H4 to H1). So when the approvalco comes. Do we need to start amendmend along with COS? Or just COS?

  23. The information provided is incorrect, any change in locations requires a new LCA and any material change requires Amendment of H1B

  24. its a nice way to get more money off from the company or from the employee

  25. I changed my Client but I’m still with the same employer, Should I apply for an amendment? Thanks!

    • Whenever you change the work place address the LCA amendment has to be done. Employer will remain same and your client may change due to the project work. so you are required to do the LCA plus H1b Amendment.

  26. What about the change of name? Do we have to file an amendment in that case?

    • Change of name of individual will effect the identity so all the documents needs to be updated, therefore amendment are required for you.

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