iTeachSAP Posted June 18, 2014 Report Posted June 18, 2014 possible aa mayya?? and is there any chance of REJECTING transfer???
iTeachSAP Posted June 18, 2014 Author Report Posted June 18, 2014 Current h1b amendment ledhu... Ipudu kotha offer transfer pettacha??
Ranga_The_Donga Posted June 18, 2014 Report Posted June 18, 2014 Current h1b amendment ledhu... Ipudu kotha offer transfer pettacha?? naaku telisinantha varaku shouldnt be a prob ... as long as ur not planning for stamping in the near future...
andhrabullet Posted June 18, 2014 Report Posted June 18, 2014 Ya pettochu Ofcouse luck favours Chuse officer h1 old di chusi pay stubs chusthe appudu rfe padochu enduku amendment cheyyaledhu ani Atleast lca aina marchavu ga
iTeachSAP Posted June 18, 2014 Author Report Posted June 18, 2014 Ya pettochu Ofcouse luck favours Chuse officer h1 old di chusi pay stubs chusthe appudu rfe padochu enduku amendment cheyyaledhu ani Atleast lca aina marchavu ga LCA amendment ayindhi...
rapchik Posted June 18, 2014 Report Posted June 18, 2014 No probs ... No worries..Ammendment mainly only when u change ur employer ..ee madhya mana desi galu chepisthunaru anthe.... USCIS lo rule untadhi When a beneficiary is transferred from a firm to another firm within the same organization, and the new firm becomes the beneficiary's employer. The mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien's employer and, provided further, the supporting labor condition application remains valid.
MeetFriendz Posted June 18, 2014 Report Posted June 18, 2014 No probs ... No worries..Ammendment mainly only when u change ur employer ..ee madhya mana desi galu chepisthunaru anthe.... USCIS lo rule untadhi When a beneficiary is transferred from a firm to another firm within the same organization, and the new firm becomes the beneficiary's employer. The mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien's employer and, provided further, the supporting labor condition application remains valid. ante same employer thoni vundi different projects change iyethe cheyalsina avasaram ledantava ??? I dont think so bhayaa ...
rapchik Posted June 18, 2014 Report Posted June 18, 2014 ante same employer thoni vundi different projects change iyethe cheyalsina avasaram ledantava ??? I dont think so bhayaa ... avasaram ledhu kani mana valu chesthunaru edho safe zone ani... rule prakaram avasaram ledhu
mettastar Posted June 18, 2014 Report Posted June 18, 2014 avasaram ledhu kani mana valu chesthunaru edho safe zone ani... rule prakaram avasaram ledhu when u have materialistic change u have to amend ur H1B... idhi rule.. Infosys vadi employee ki H1B amend cheyaledani Revoke chesadu H1b 1 month back... client change aithe H1B amend cheyali
rapchik Posted June 18, 2014 Report Posted June 18, 2014 when u have materialistic change u have to amend ur H1B... idhi rule.. Infosys vadi employee ki H1B amend cheyaledani Revoke chesadu H1b 1 month back... client change aithe H1B amend cheyali :4_12_13: enlighten plz also ....ny rule ?
mettastar Posted June 18, 2014 Report Posted June 18, 2014 http://www.murthy.com/2012/09/07/h1b-amendment-requirement-for-change-in-job-location/
mettastar Posted June 18, 2014 Report Posted June 18, 2014 H1B Amendment Requirement for Change in Job Location September 7, 2012 The American Immigration Lawyers Association (AILA) continues to seek clarification from the U.S. Citizenship and Immigration Services (USCIS) regarding the need to amend the H1B petition for a worker whose work location has changed. As explained in this MurthyDotComNewsBrief, expectations are clearly shifting from what was longstanding practice and policy in such situations. Employers of H1B workers likely to be relocated during their employment must carefully consider the best methods for adapting to these policy changes. Longstanding Policy and Practice As explained previously to our readers, and discussed by senior USCIS officials during AILA meetings and conferences, the longstanding policy and interpretations pertaining to H1B workers allowed for employee relocations without the mandate for amending the H1B petition. [See MurthyDotCom InfoArticle, Amended H1B Petitions.] Under Legacy INS guidance and the Adjudicator's Field Manual, H1B amendments are not required if there are no other material changes in the terms and conditions of employment. It is necessary to obtain a certified labor condition application (LCA) for the new location, posted in accordance with the regulations, prior to the relocation of the H1B employee. FDNS Site Visits of H1B Work Locations: Updated LCA Insufficient Despite the interpretation and guidance described above, the practice of moving employees without filing the H1B amendment, at the very least, has been called into question over the past few years. Typically, problems arise when there is a site visit to the employment location provided in the H1B petition. The LCA is only filed with the U.S. Department of Labor (DOL); thus, without an amended H1B petition, the USCIS receives no notification of a change in work location. Site visits conducted by or through the USCIS's investigative directorate, Fraud Detection and National Security (FDNS), often occur at an employee's prior work location. If the FDNS inspector or contractor cannot locate the worker, and has no information available regarding relocation, serious concerns are raised. This scenario typically leads to a report from the investigator that the H1B worker has not been located at the worksite. This information usually results in the issuance of a notice of intent to revoke (NOIR) the H1B petition, due to noncompliance with the terms and conditions of the H1B petition approval. NOIR or Denial of the H1B Extension of Status Issuance of a NOIR, while always serious, would prompt less concern if the employer could be confident that the USCIS would accept proof of the employee's relocation and new LCA. The CSC, however, has taken a different viewpoint and, in some cases, has revoked the H1B petition even following the employer's response to the NOIR with proof that the steps outlined in the Legacy INS guidance were taken. H1B Amendment Required for Any Material Change The USCIS has issued no clarification on this matter, stating only that it is under review and additional guidance may be issued. Under the regulations, an H1B amendment is required if there has been a material change in the employment terms of the H1B petition. It is clear that the internal policy being applied in most cases is that any such change in the H1B employee's work location should require the filing of an H1B amendment, as this is a material change in the terms and conditions of employment. Conclusion While there has been no change to the official USCIS policy, H1B employers need to understand that they can no longer confidently rely on the practice of moving employees without filing an H1B amendment. This may require substantial changes in the practice of some employers, and will be difficult and expensive for those needing to relocate H1B employees each time there is a change in the project. We at the Murthy Law Firm will continue to keep our readers updated on this important topic. Copyright © 2012, MURTHY LAW FIRM. All Rights Reserved
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