QUESTION

Does my employer need to amend the H1-B petition if I relocate to a new branch?

Asked on Feb 20th, 2018 on Immigration - Indiana
More details to this question:
I am currently a H1-B visa holder. My petition was approved in 10/2016 through 09/2019. My employer will be opening a new branch in a different location and I've been offered to transfer to it. My employer, position, salary, responsibilities will be the same as stated in the approved petition, but in a different location. Is my employer required to submit an amendment to the H1-B petition?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
On a transfer situation, the basic question is whether the new branch will be in the same metropolitan statistical area (MSA). If so, the company could do a notice of posting before you transfer. If not in the same metropolitan statistical area, the company would have to do an H-1B amendment with U.S.C.I.S. to place you in the new location. I do note that even in the same MSA, there may be different prevailing wages that your company may wish to take note of. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Mar 10th, 2018 at 6:42 PM

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