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Posted

Vere county untey location change kinda vastundii.. since you are changing client all together you have to file amendment..

this may not be correct......same MSA unte avasarm ledhu ani uscis memo lo undhi

 

check murthy forum also.....u'll get an idea

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Posted

oka city ki multiple zip codes untay kani...multiple counties untaya? 

yes untayi.....a county is nothing but a geographical division inside a metropiltan area which is combined of various small cities & towns

Posted

this may not be correct......same MSA unte avasarm ledhu ani uscis memo lo undhi

 

check murthy forum also.....u'll get an idea

 

Yeah but there will be list of counties in MSA.. i meant vere counties from MSA

Posted

When You Must File an Amended Petition

You must file an amended H-1B petition if your H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” (as defined at 20 CFR 655.715) covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.

Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.

When You Do NOT Need to File an Amended Petition

  • A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 
  • Short term placements: Under certain circumstances, you may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See 20 CFR 655.735. In these situations, you do not need to file an amended H-1B petition. 
  • Non-worksite locations: If your H-1B employee is only going to a non-worksite location, you do not need to file an amended H-1B petition. A location is considered to be “non-worksite” if:
    • The H-1B employees are going to a location to participate in employee developmental activity, such as management conferences and staff seminars;
    • The H-1B employees spend little time at any one location; or
    • The job is “peripatetic in nature,” such as situations where their primary job is at one location but they occasionally travel for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for any one visit by a peripatetic worker, or 10 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations).” See 20 CFR 655.715.  
Posted

Yeah but there will be list of counties in MSA.. i meant vere counties from MSA

vere counties from diffferent MSA??

Posted

 

  1. Hamilton County
    45249, County
  1. Hamilton County
    45227, County

 

thanks baa

Posted

same county lo undi, so no need of amendment  <)&  <)&  <)& . 

Posted

yes untayi.....a county is nothing but a geographical division inside a metropiltan area which is combined of various small cities & towns

 

thanks bro..good to know

Posted

vere counties from diffferent MSA??

 

We have to check if our County belongs to Same MSA (for new and old project in same city).. If it doesn't belong to same MSA  that will be a physical location Change.. This implies to WFH too

Posted

 

When You Must File an Amended Petition

You must file an amended H-1B petition if your H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” (as defined at 20 CFR 655.715) covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.

Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.

When You Do NOT Need to File an Amended Petition

  • A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 
  • Short term placements: Under certain circumstances, you may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See 20 CFR 655.735. In these situations, you do not need to file an amended H-1B petition. 
  • Non-worksite locations: If your H-1B employee is only going to a non-worksite location, you do not need to file an amended H-1B petition. A location is considered to be “non-worksite” if:
    • The H-1B employees are going to a location to participate in employee developmental activity, such as management conferences and staff seminars;
    • The H-1B employees spend little time at any one location; or
    • The job is “peripatetic in nature,” such as situations where their primary job is at one location but they occasionally travel for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for any one visit by a peripatetic worker, or 10 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations).” See 20 CFR 655.715.  

 

Actually deentlo oka tiraksau undhi last paragraph chaduvu  (not in this...motham article lo ) andhulo emo if u changed client which is different from ur innitial h1 u have to file amendment ani undhi......uscis gadini ila confuse chesinandhuku gallery_731_19_881711.gif?1368288489

  1.  
Posted

We have to check if our County belongs to Same MSA (for new and old project in same city).. If it doesn't belong to same MSA  that will be a physical location Change.. This implies to WFH too

its very easy kadha bro.....asalu MSA ante ne oka gaint city kindha lekka(Like NYC) so vadiki NYC suburbs oka 50 mile radius lo proj rakapothe he'll definetly be in a different MSA and diff county

 

or  oka pedda city lo multiple MSA's untayi anatva?

Posted
  • If your H-1B employees were changing worksite locations at the time of the Simeio Solutions decision, you have 90 days from the date of this web alert (May 21, 2015) to file amended petitions for H-1B employees who changed their place of employment to an MSA or area of intended employment requiring coverage by a new or different LCA than that submitted with the original H-1B petition. Therefore, if you have not filed an amended petition for an H-1B worker who moved worksite locations before May 21, 2015, you have until August 19, 2015 to file an amended petition.

 

indhulo "requiring coverage by a new or different LCA than that submitted with the original H-1B petition. " ani undhi

 

 

naku ardham kanidhi enti ante 1)eedu asalu same msa lo cient change aithe kotha LCA kuda teeya navasram ledhu antadu......which is confusing?

2)old LCA new client daggara post cheyyali antadu..aadu ekkada pettukuntadu daani....

3)ee line prakaram new LCA teesthe h1 amendment avasrama ani ?

Posted

Nenu Konni immigration attorney blogs/forums chadiva..

 

Attorneys emantaru antey ee sari USCIS clear ga mention chesindi amendment cheyyali ani with all points.. but there is certain amount of confusion in terminology.. They prefer to file amendment if you change the Client even though in Same MSA reason being you are not working for the same client as per in i-129. So there will be no sync of your LCA + i-129 application.. IF USCIS comes to site check babu akkad undadu kada.. he will be working for a different client (although in same MSA).. this is the catch point here.. anduke legally they advice to file amendment whenever we change client.. Different Client vundi same MSA lopala unna when we go to stamping that will pose an issue.. Asalu ee Amendment anney rache strict ayyindi Simeo SOlutions INc employee Delhi Consulate lo stamping ki velladu kabatii.. Consulate had seeked USCIS intervention on what needs to be done..

 

If you are working with same client and your client changes its location in same MSA you need not to file any amendment ..

 

 

 

Actually deentlo oka tiraksau undhi last paragraph chaduvu  (not in this...motham article lo ) andhulo emo if u changed client which is different from ur innitial h1 u have to file amendment ani undhi......uscis gadini ila confuse chesinandhuku gallery_731_19_881711.gif?1368288489

  1.  

 

 

Posted

its very easy kadha bro.....asalu MSA ante ne oka gaint city kindha lekka(Like NYC) so vadiki NYC suburbs oka 50 mile radius lo proj rakapothe he'll definetly be in a different MSA and diff county

 

or  oka pedda city lo multiple MSA's untayi anatva?

 

 

MSA di USCIS terminology konchem different undi.. Oka City lo multiple MSA's undochu..

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