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Is an amendment required?

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  • Is an amendment required?

    I am curretly employed by employer x working for client y at location p. My office location is proposed to change from p to q and the new location is just across the street. Would this warrant as a material change requireing an amendment or new LCA?

  • #2
    Originally posted by abhinav.bansal View Post
    I am curretly employed by employer x working for client y at location p. My office location is proposed to change from p to q and the new location is just across the street. Would this warrant as a material change requireing an amendment or new LCA?
    Not as long as your current LCA satisfies this new area or location. Usually if you move between two different Metropolitan Statistical Area (MSA) , then an amendment is always advised/ required. This is an ongoing debate and USCIS does not have a clear stance on this.
    Just across the street could be across MSA
    go to and check if you office falls in the same area. This is an older version from 2009.

    There are also cases where an MSA includes 2 diff states. For example, St. Louis/East St. Louis. It is the same metropolitan area, but different states. In such cases too its better to get an amendment peition before you move.

    Since you can work from the new location as soon as you get the receipt number for your amendment petition, its not something you 'should not do'. No harm in working for 2 weeks more, worst case you can work from home.
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    I reply with my experience and not from any legal perspective.

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