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  • H1B - Change of Location Amendment

    Any guidance is much appreciated!

    I'm currently working for employer A on H1. Employer B made me an offer and filed an H1 petition. The petition was approved by USCIS; however they filed the petition

    based on an existing LCA, which has a location that's different from the state where I am supposed to work and the role is different as well.

    Now they are offering that I start working in the location as per the approved LCA and they will file an amendment to update the location as soon as I join them. Per

    them, I won't need to wait for an amendment approval before I start working in the new locaiton (location where I am supposed to be based out of eventually).

    So, I have the below questions:

    1) Is it true that I can start working from the new location based on the filed (and not approved) amendment?

    2) Will the amendment require a separate LCA for the new location?

    3) How long will it take for such an amendment to get approved?

    4) Can the amendment be filed before I start with employer B?

  • #2
    1) Is it true that I can start working from the new location based on the filed (and not approved) amendment?
    >>> No. The amendment should be filed before you can start working at the new location.

    2) Will the amendment require a separate LCA for the new location?
    >>> Yes.

    3) How long will it take for such an amendment to get approved?
    >>> 10 days of the LCA and 2-3 months for the petition under normal process and 15 days by premium.

    4) Can the amendment be filed before I start with employer B?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Is it true that I can start working from the new location based on the filed (and not approved) amendment?
      >>> No. The amendment should be filed before you can start working at the new location.

      2) Will the amendment require a separate LCA for the new location?
      >>> Yes.

      3) How long will it take for such an amendment to get approved?
      >>> 10 days of the LCA and 2-3 months for the petition under normal process and 15 days by premium.

      4) Can the amendment be filed before I start with employer B?
      >>> Yes.
      Thanks

      Comment

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