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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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GUILLERMO I am working in City A on H1B status. My employer

Customer Question

GUILLERMO
I am working in City A on H1B status. My employer is relocating me next month to City B.
Does my employer have to amend H1 petition now? If so, when can I start working at new location, only after LCA and H1 amendment are approved or can I start working while the processing happens in parallel?
My spouse has a stamped H4 visa but is outside US now. Do we need to get H4 visa stamped again?
Prevailing wage determination was done for my GC processing, should this be redone?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! Thank you for requesting me. I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The employer should file the amendment just before you move to the new location. You can begin working at the new location as soon as USCIS receives the amendment (use tracking to know when they receive it). You do not have to wait for the amendment to be approved to begin working, though if you do Premium Processing, it isn't a bad idea to wait for approval just to be on the safe side. If you begin working at the new location and the amendment is denied, you would have to go back to the original location to work immediately.

As far as your spouse, no need to get stamped again.

And yes, filing an amendment is like filing a whole new H-1B and pretty much everything should be done again.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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