Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Should My New Employer File an Amended H-1B Petition to USCIS?

Hi William:

My company is now in the process to be merged into a larger company, and there could be some changes for my job duties or even my job location. My current status is H-1B, do you think my new employer should file an amended H-1B petition to USCIS?


Generally, a new or amended H-1B petition must be filed when there are certain changes in the job duties, or there is a material change in other terms of the employment of the individual. 

A change in location of work may require a new Labor Condition Application (LCA.) If a new LCA is required, it must be completed prior to the relocation of the employee to avoid the need to file an amended H-1B petition. Otherwise, if this issue is overlooked, the H-1B petition will need to be amended.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com