H1B Amendment with in MSA

[BostonBullodu]

4 minutes ago, LazyRohit said:

ltt for experts @Spartan @tacobell fan

iga manadi eppatiki undadu antava baa leda inka time raledu antava... 

[LazyRohit]

1 minute ago, BostonBullodu said:

iga manadi eppatiki undadu antava baa leda inka time raledu antava... 

ardam kale uncle

[FJ40]

47 minutes ago, MutaMestri said:

Hello DB members, In a situation where got new Job in same MSA.

current H1b 2021 March varaku undi and stamping kuda undi with current client .

 

current role at client location is Middleware Enginner and na LCA lo kuda same Undi , But new client lo Web Engineer , But akkada kuda Middleware Operations meeda nay untadi work.

 

May be responsibilites antey same tools with new versions , new stack untadi emo.

 

1) Ippudu deniki amedment cheyyali aaa ?

2) Amedment cheyyakunda untay while coming from India POE lo emaina questions untaya ?

3) Any issues untaya site visit ki vasthey ?

Please please advise.

Client Change is considered as a MATERIAL CHANGE, so Amendment is a MUST.

Any one who says otherwise isnt correct.

 

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, 

1. A change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified to the Department of Homeland Security (DHS) with PM-602-0120: USCIS 

2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

[BostonBullodu]

1 minute ago, FJ40 said:

Client Change is considered as a MATERIAL CHANGE, so Amendment is a MUST.

Any one who says otherwise isnt correct.

 

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, 

1. A change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified to the Department of Homeland Security (DHS) with PM-602-0120: USCIS 

2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

 

[FJ40]

1 minute ago, BostonBullodu said:

https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

 

RU telling that Amendment is not required?

[BostonBullodu]

Just now, FJ40 said:

RU telling that Amendment is not required?

I'm not baa USCIS is telling if you are in same MSA 

[LazyRohit]

3 minutes ago, BostonBullodu said:

https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

 

1. When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). 
2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.  

bhayya new lca lo change vunte kavali thats y I said

SOC code change needs ammendment

[MutaMestri]

But New LCA Code mana mestri hand lo untadi kada , we can have same LCA SOC Code kada baaa

[LazyRohit]

7 minutes ago, MutaMestri said:

But New LCA Code mana mestri hand lo untadi kada , we can have same LCA SOC Code kada baaa

ade baaa same SOC code tho applied and migata H1B employment req change lepothe within same MSA 

you should be good confirm the above 3 bold

[tacobell fan]

With the current political climate it is extremely important to stay upto date and I would Amend the petition because it's not at all surprise if someone comes for verification and issue NOID. If you accept the risk then just get away with LCA. Unless the job title, job duties on paper exactly matches you cannot assume you don't need amendment. 

[futureofandhra]

As far as I know no need of amendment in same msa 

https://www.uscis.gov/archive/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

Go through this no need of amendment if it is in same MSA

[futureofandhra]

53 minutes ago, FJ40 said:

Client Change is considered as a MATERIAL CHANGE, so Amendment is a MUST.

Any one who says otherwise isnt correct.

 

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, 

1. A change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified to the Department of Homeland Security (DHS) with PM-602-0120: USCIS 

2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

Then what is the use of MSA??

[karthikn]

1 hour ago, FJ40 said:

Client Change is considered as a MATERIAL CHANGE, so Amendment is a MUST.

Any one who says otherwise isnt correct.

 

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, 

1. A change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified to the Department of Homeland Security (DHS) with PM-602-0120: USCIS 

2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

i was tamped in January.. changed client bu tno amendment, no LCA change etc...went to stamping with new Client letter (mexico).. she verified client letter.. emi adagaledhu mari did you change client etc. asked me responsibilities, cross checked with client letter

[futureofandhra]

Just now, karthikn said:

i was tamped in January.. changed client..wen to stamping with new Client letter.. she verified client letter.. emi adagaledhu mari did you change client etc. 

Exactly it's clearly mentioned same msa ayithey no need of amendment

[karthikn]

Just now, futureofandhra said:

Exactly it's clearly mentioned same msa ayithey no need of amendment

yeah lite.. i am the example.. nenu already theddu vesi inka dhairyam chesi went.. had no issues