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Moving within the US on an H1B

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  • Moving within the US on an H1B

    I have an employee on an H1B. Forgive me if I'm not using the proper terms here, but a lot of this is new to me.

    Anyway... my question. We would like to move this employee from Kentucky to California. When the employee was approved for their H1B does that mean they are only approved for a certain area? Will it cause a problem if they move to another state? Will moving require them to go through the entire process of becoming 'labor certified' again?

    Thanks for any help!

  • #2
    Yes. LCA is approved only for a certain location. The wages and employment conditions differ from one state to another. So, you will need to file a new LCA again for the employee and an H1B amendment need to be filed. Cost of just amending an approved H1B petition is less. Check the instructions in form I-129 in the uscis.gov website.
    https://www.immihelp.com/h1b-petition-amendment/
    Not a legal advice. Use of this information is strictly at your own risk.

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