Hello friends,
I am currently on H1b through consultancy and got extension for three years. But unfortunately , project ended........ and got new one but the new project is not go for more then two months, Just wondering if we need to file an amendment , is their any risk not to file an amendment ?
What do you mean by 'Project ended ?'. did you changed the company ? As long as you did not change the company who sponsor your H1B, there is no problem in your current status of H1B. You need to transfer H1B to new company if you join the new one and that is equivalent o filing a new H1B and that will take some time.
I am with the consultency but my client changed ...
Timro consultancy le H1B file gare pachi ta timi Consultancy ko employee bhayo. Client should not matter. Jaba samma you are with the consultancy, you are employed under the same company. Aba client ta change bhai raakcha ni. Consultancy change garyo bhane chai kei garnu parcha. natra you are good.
The only risk of not filing an amendment is that when USCIS does site visits based on the work address you provided when you filed H1b, and they can't locate you there then they will attempt to revoke your H1b. For their internal audit, H1b selects a pool of random applications for site visits, so the probability of getting picked for site visits may be very low. Many people at least file the new labor certifications based on the new address, so I would suggest you to at least file the new labor if you don't want to go with the amendment option.
Usually amendment requires when there is a "material change" in your job. USCIS interprets this term differently. Very often, they interpret "material change" as when your job title/job duties change, and sometimes they argue that location change is a "material change" as well. In any case, you need to file a new labot at least (this is mandatory BTW unless your location is within the same metropolitan area).
This is not true. Last year uscis introduced new rule in amendment that makes it compulsory to file amendment within 60 days of location change. Its mandatory. I know coz there was a deadline last year and i submitted my amendment. If you dont do it your h1 is in jeopardy.
Ganesh123,
You are 1000% right. Bitter truth is that you have to have your H1b amendment, if you change your End Client location even within same city.
To answer your question,about risk, Now you you already know the risk of site visit, in addition to that, you might have potential problem during H1B renewal, and 140/485 application. As I understood, USCIS does not have a system to track where you work, however your employer has to submit recent pay stubs details during H1b extenson and 140/485 applications, so they will come to know that you have been working with unauthorized employer. Hope that helps.
lamps
Last edited: 13-Dec-16 11:52 AM
@Lamps
Just to make correction on this line "Bitter truth is that you have to have your H1b amendment, if you change your End Client location even within same city/state" .
H1B amendment is not necessary if you change your client in the same city!!Only requires if you change the state.
Jeevan22,
"H1B amendment is not necessary if you change your client in the same city!!Only requires if you change the state."
This information posted above is valid only if you move in same City with same client. If the end client changes, regardless of same City or not, New H1b amendment is needed since this is material change. Think this way, you have to show Employee-Employer relationship to USCIS. If you don't do your amendment within same City USCIS officer still going to visit your old work location which will put you in trouble.
For more info, you can check USCIS website.
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