Step by Step Process for H-1B Amendment:
Earlier, whenever H-1B employee moves from one location to another location, US employers will file LCA only with US Department of Labor. In 2015, a new rule has been imposed which asks US Employers to file H-1B amendment petition with USCIS, whenever there is a change in Location (Some exceptions are there). If an employer fails to file H-1B amendment, USCIS may take serious action against the employer and candidate may be out of status and will be deported. Whenever an employee joins with the client in a new location through a vendor, vendor’s msa/sow with the employer, vendor’s letter about the job description/right to control and client letter describing about the project and right to control has to be enclosed. Employees who read this section, please ask your employer whether amendment has been filed and recruiters can also make a note of this.
Step 1: Why amendment is needed. Whenever a material changes happens when compared to previous H-1B petition, H-1B amendment is filed with USCIS. Collect all documents that are needed from the employer, employee and client.
Example: If candidate has to work with the new client in new location, H-1b amendment has to be filed.
Step 2: Collect all information that has changed and fill details in LCA. Prepare and file LCA with US Department of Labor (DOL). Within 1 week, DOL will approve.
Example: New location address has to be filled and relevant salary details have to be matched.
Step 3: Prepare I-129, I-129W, I-129H, and Letter of Support. Incorporate all changes in these forms.
Example: A new section called “Amendment” in Letter of Support has to be created and necessary details are explained.
Step 4: If it is premium processing, prepare I-907. If attorney files prepares petition, G28 will be signed by the attorney.
Step 5: Write all checks related to the petition. Place all docs in envelope. Mail it to USCIS.
Step 6: USCIS sends H-1B receipt. USCIS either approves, or denies or sends RFE. If ok, USCIS approves the petition.
Comparison of documents needed by the employer in H-1B Cap and H-1B Amendment:
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