I am on H1B visa. I am transferring internal team and service-line (and changing location from NYC to Philidelphia) within the same employer - will I require a H1B Transfer? Will I required to submit a new I-129?
Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.
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