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H1 Amendment: Client Change But Same Msa

Discussion in 'Nonimmigrant Visa Validity' started by ultimatejuggernaut, Jul 19, 2016.

  1. ultimatejuggernaut

    ultimatejuggernaut New Member

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    I'm on H1B Visa. My client is going to change from "A" to "B" in Santa Clara county (MSA) in CA. Both of these
    clients or projects are in the same MSA. So, will my employer need to file an H1 amendment? If yes, will the
    amendment require new LCA or existing LCA will also work?

    Is client change always considered a material change?

    I know about the below rule from USCIS but getting confused about "material change" because of client change:

    • A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC.

    Please help.

    Thanks in Advance!
  2. Santy

    Santy Guru

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    Client change amounts to material change.

    Note: I am not a lawyer.
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In my opinion, a client change is always a material change. The USCIS must reexamine the contracts to verify that your petitioner will retain control over your services.

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