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It may be possible that you need to change your work location in the USA. Or, the US employer may change your work location willingly. The expats must drill their head to know what should be done in such situation. It’s a must that the norms must be looked into prior.
As H1B visa is procured to work in the US, the expat must be a no Greek to amendment or changes in the H1B petition. Yes, it’s compulsory to get the changes in location marked. While doing so, these tips for changing address or location of work in H1B visa would be helpful. So, keep them in your mind.
Which guidelines of USCIS do mandate amendment in visa?
The USCIS or ‘United States Citizenship and Immigration Services’ executes immigration rules in the US. According to its one of the mandates, the expat has to file a petition called the new Labour Conditions Application (LCA) after noticing change in his work location. It’s a substantial step that is a must to follow for upgrading the location mentioned in the visa.
When is the time to change location on H1B visa?
The US employer has a few steps to take for upgrading the record-books of the USCIS. However the work-location would be changed for the expat but the petitioner would be the US employer. But this condition is applied only if the expat is going to be relocated outside the metropolitan statistical area or the area for which he is employed. That region is mandatorily mentioned in the visa papers. And if location changes later, the US employer must:
- File for H1B amendment. It must be done prior to relocating if the change of location is decided after August 19. However, there is no need to wait for approval as petition is more important.
- There is a timeframe fixed to change the location that lasts between April 9 and August 19. If the application is not filed, the employer as well as the employee would come out of compliance.
- The last date of filing this amendment application is January 15. If so does not happen, the USCIS would be free for deportation initiation.
When is it not required?
The amendment petition would not be required if:
- The location would lie within the ‘area of intended employment’. The employer, in this case, would be liable to send the existing LCA certificate for attestation services to the immigration authority within 10 business days.
- The expat is generally relocated for 30 to 60 days. In case, the relocation would be shorter than the said period, no new LCA would be required.
- The site is not the actual workplace of the expat.
What if the petition is rejected?
Sometimes, it may be possible that the petition for H1B amendment is canceled. In such case, the US employer can reapply with all the evidences and concrete proofs. But this should be done before the due date (i.e. 15th January)
Consequences if not filed for amending location:
If the US employer fails to file it:
- The petitioner will no more be in compliance with the DHS (Department of Homeland Security) regulations.
- The petitioner would be eligible to face off notice of intent which can initiate revocation.
- The expat would no more be able to maintain his/her H1B visa status.
It’s true that the revocation can be initiated if the LCA certificate is not submitted. But it’s also true that the final decision lies in the hands of the USCIS. It can put the revocation on hold if would find no concrete reason other than the delay of filing for new LCA certificate.
