In this blog, we have explored the following topics:
Before we understand about H1B amendment related to material changes, it is helpful to go through and understand what H1B amendment is.
The H1B visa is one of the most popular non-immigrant visas issued by the United States Citizenship and Immigration Services. It is considered the golden ticket, allowing foreigners to work and live temporarily in the USA. The H1B is employer-specific, which means that every time H1B holders change their job, their employer must apply for a new H1B visa.
Experts say that maintaining an H1B status can be quite challenging despite its many benefits. H1B holders should be cautious about the "amendment of their original H1B petition."
What Does H1B Visa Amendment Mean?
As the name implies, the H1B amendment means changing your original H1B petition. In several situations, you need to get your sponsoring employer to file a new petition on your behalf. Two such situations that call for an amendment are when your job position is changing significantly or when you want to change employers altogether. Also, it might be necessary to make H1B visa amendments from time to time whenever material changes occur in your terms and conditions.
What are "material changes?" Material changes include:
Your H1B petition only needs to be amended in these situations if the position is still classified as a specialty occupation requiring a bachelor's degree or higher.
There are a few other situations when the H1B amendment is needed. They are:
Amendment for MSA location change
Experts recommend that employers file the amendments before moving to the new location. If you have already moved, your employer should waste no time commencing the process.
H1B Amendment for Client Change MSA
Many H1B IT consulting firms have brief contracts with end clients, So they move their H1B consultants around the same work location as new clients come in. In this case, it is advisable to follow H1B amendments with change MSAs.
Here are some classic situations of client change:
H1B Amendment-Salary Increase
A minor difference in salary does not require an H1B amendment. However, if there is a drastic change in salary, it definitely requires an amendment.
H1B Amendment Client Change Within Same MSA
Changes in the end client within the same MSA can be handled by simply posting the existing LCA at the new worksite and avoiding filing an H1B amendment.
H1B Amendment for Promotion
If your job duties have not changed drastically from your current job position, you need not apply for an H1B amendment. However, you should not fail to apply for the same if there is a significant change in your job duties, even if the MSA remains unchanged.
You can follow these steps for filing an H1B visa Amendment:
Upon receiving your amendment petition, the USCIS will review your case and decide to approve or deny it. If the USCIS approves your petition, you can continue working with the amendments.
The H1B visa comes with a slew of benefits. However, obtaining it is not an easy process. Moreover, you must adhere to all the rules and regulations to maintain your status. Failing to apply for an H1B amendment when the situation requires it is not at all advisable. Such discrepancies can lead to severe consequences for you and your employer.
For more information about H1B and to understand US non-immigrant visas better, follow Techfetch H1B.
**Disclaimer: All H1B visa processes are subject to change. Kindly refer to the USCIS official website for the latest updates.