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Should
My New Employer File an Amended H-1B Petition to USCIS? |
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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? Answer: 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. |
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