When Is An Amended H-1B Petition Required?

[150bryant]

An H-1B employer is required to file an amended petition when the following material changes occur: 

(1) The job duties of the H-1B worker change significantly to the extent the duties are no longer those of the position identified on the original petition and the supporting LCA-state differently the change in duties arises to the level of a change in the specialty occupation., e.g., a physician is admitted to teach or conduct medical research and then seeks to provide clinical care; 

(2) When the H-1B worker is assigned to a location in an area of employment not listed on the original LCA. A new labor condition application is required by the DOL.

(3) When the H-1B job needs to be changed from a full time position to a part time position, or from a part time position to a full time position.

If there is one of any above changes on your H-1B workers' status, please contact Attorney Jeff Xie about preparing and filing the petition to amend the approved H-1B so that your company is in compliance with the regulation requirements.

However please also note that the following changes in employment do not require that an amended petition be filed: 

(1) a change in job title without significant change in job duties; 

(2) minor changes in job duties that do not affect the basic requirements of the job being performed by the H-1B worker; 

(3) a promotion to a higher position within the same occupation provided that the alien is required to utilize the same academic training as was required in the former position, e.g., a promotion of an accountant to a supervisory accountant would not require amended petition because supervisory accountant would still be required to possess the theoretical knowledge of accounting normally possessed by an H-1B accountant; 

(4) a change in salary, unless the change is so dramatic that it indicates a significant change in responsibility or duties; 

(5) assignment to a new location for which a new LCA is not required (i.e., only a new posting is required under DOL rules); 

(6) the employer's name changes but the underlying nature or terms of the H-1B employment does not; 

(7) the employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation provided the new entity assumes all of the obligations and rights of the predecessor companies, and the terms and conditions of the H-1B employment remain the same.

[150bryant]

http://www.xielaw.us/immigration-ar...hen-is-an-amended-h-1b-petition-required.html

[innovative]

useful post !! 

[godfather03]

GP

[joblessjack]

[ipaddress0]

gp bhayya 

[chandubh]

Good post

Question:Full time job lo LCA oka state lo undi,vere state ki move ayyi,remote gaa pani chestaa antee kooda amendment file cheyyala?Remote ga pani chesinaa,LCA unna state kee pani,just location change ante,,

[BillMarkSteve]

GP.

 

Keep posting good stuff man.

[k2s]

sSa_j@il

[SirVaadu]

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[perugu_vada]

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