ARYA Posted May 24, 2016 Report Posted May 24, 2016 Yes man...naa old client ki kotha client ki 20 miles dooram..but dided the amendment Quote
Renault Posted May 24, 2016 Report Posted May 24, 2016 ma emp gadu amendment cheyanu antunnadu.......endo howle gadu... Quote
kumar654 Posted May 24, 2016 Author Report Posted May 24, 2016 20 minutes ago, ARYA said: Yes man...naa old client ki kotha client ki 20 miles dooram..but dided the amendment if it is under same MSA then you should have not done. check uscis website, it is clearly written, no LCA or amendment needed for this. Quote
ARYA Posted May 24, 2016 Report Posted May 24, 2016 29 minutes ago, kumar654 said: if it is under same MSA then you should have not done. check uscis website, it is clearly written, no LCA or amendment needed for this. if you are working for the same client and if it is under the same MSA then you don't have to do it...and it if is a different client and even if it is next door you have to do it Quote
IamBackRaaja Posted May 24, 2016 Report Posted May 24, 2016 53 minutes ago, kumar654 said: if it is under same MSA then you should have not done. check uscis website, it is clearly written, no LCA or amendment needed for this. LCA needs to be updated but no new lca required and no amendment Quote
tennisluvr Posted May 24, 2016 Report Posted May 24, 2016 Bros nenu naa last project ki amendment file cheyaledu. Ippudu current project ki cheyamantey employer gaadu last project ki cheyaledu kadaa emanna problem avutundemo so ippudu kooda cheyyoddu antunnadu. Will I be in trouble due to this. Also he is saying anni kalipi $1200 ala avutundi antunnadu. What do you guys suggest. Quote
IamBackRaaja Posted May 24, 2016 Report Posted May 24, 2016 1 minute ago, tennisluvr said: Bros nenu naa last project ki amendment file cheyaledu. Ippudu current project ki cheyamantey employer gaadu last project ki cheyaledu kadaa emanna problem avutundemo so ippudu kooda cheyyoddu antunnadu. Will I be in trouble due to this. Also he is saying anni kalipi $1200 ala avutundi antunnadu. What do you guys suggest. no problem file now yes 1200 with advocate fee Quote
tennisluvr Posted May 24, 2016 Report Posted May 24, 2016 Just now, IamBackRaaja said: no problem file now yes 1200 with advocate fee Thanks bro, adi malli naa pocket nunde pothundi kadaa. I will ask him to file immediately. Quote
IamBackRaaja Posted May 24, 2016 Report Posted May 24, 2016 Just now, tennisluvr said: Thanks bro, adi malli naa pocket nunde pothundi kadaa. I will ask him to file immediately. better to file asap before things get worse Quote
bob177 Posted May 24, 2016 Report Posted May 24, 2016 Yes, you have to file amendment. I was in the same situation before... I contacted an attorney... With the new amendment rules you have to file amendment even if there is a material change( material change means change in the underlying contract that means new client new vendor new agreement.. This is called material change)... Better file amendment else if uscis comes for site visits you will be in trouble. They will cancel your h1b visa Quote
kumar654 Posted May 24, 2016 Author Report Posted May 24, 2016 22 minutes ago, ARYA said: if you are working for the same client and if it is under the same MSA then you don't have to do it...and it if is a different client and even if it is next door you have to do it Who told you? Even if we change to different client in same MSA, we don't need to file lca and amendment. Read the things from uscis website directly, don't believe any other sources including lawyers. Read in below link and check when you don't need to file amendment condition Source: https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Quote
IamBackRaaja Posted May 24, 2016 Report Posted May 24, 2016 Just now, bob177 said: Yes, you have to file amendment. I was in the same situation before... I contacted an attorney... With the new amendment rules you have to file amendment even if there is a material change( material change means change in the underlying contract that means new client new vendor new agreement.. This is called material change)... Better file amendment else if uscis comes for site visits you will be in trouble. They will cancel your h1b visa 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). Source - https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Dont spread FALSE INFO Quote
kumar654 Posted May 24, 2016 Author Report Posted May 24, 2016 1 minute ago, IamBackRaaja said: 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). Source - https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Dont spread FALSE INFO Ya correct. I don't know how hos employer did that. Employers ke rules theliyavu, guddiga lawyer gadu chebithe follow ayipotaru. Lawyer gallu full dabbulu estunnaru deeni meeda. Quote
IamBackRaaja Posted May 24, 2016 Report Posted May 24, 2016 Just now, kumar654 said: Ya correct. I don't know how hos employer did that. Employers ke rules theliyavu, guddiga lawyer gadu chebithe follow ayipotaru. Lawyer gallu full dabbulu estunnaru deeni meeda. +1 Quote
bob177 Posted May 24, 2016 Report Posted May 24, 2016 9 minutes ago, IamBackRaaja said: 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). Source - https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Dont spread FALSE INFO Dude that is for full time employers not for contactors. In case of contractors there is material change in the underlying contract... How does uscis knows where you are working when the come for site visits if you don't file for amendment How can a contractor take his LCA at post it at client place... It's for full time employees... Quote
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