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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117385
Experience:  20+ Years of Employment Law Experience
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I am on H1B visa and as per Approved LCA and H1B visa my

Customer Question

I am on H1B visa and as per Approved LCA and H1B visa my salary is lets say for ex, $150,000/Year (Where as min Prevailing Wages as per Dept of Labor it is around $110,000). My H1B and LCA is approved as Work From Home (My Client provided letter explicitly stating that whole team is working from home and so I will be working from my home office location). Now after few months once it got approved my situation is changed...My client is changed (New client still work from home)
I buy new house within 15 to 20 miles radius of same previously approved H1B work location which is my home office.Now since my client is changed my employer applied for new LCA to bring down my salary from $150,000 to $111,000 (Dept of Labor min wage or Prevailing Wages for my role and category is $110,000/Year). And now new LCA is approved and as per that my salary is $111,00/year (again still $1000 above than Prevailing Wages)In any case...
If end client is changed (I will still work from home for this new client but it will be different client than what was actually submitted at the time of H1B approval)
If I buy house (in that case my home address will change) in same county where current H1B is approved for Work From Home for my residential addressMy questions are:...
Does my employer has to again file new H1B in any case..?Please let me know if you need more clarification on anything...
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
If there is anything my employer has to do then please list out the steps and let me know what all different kind of forms needs to be submitted to which all authorities...
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
An H1B employer must file an amended or new H1B petition whenever a new Labor Condition Application (LCA) is required due to an H1B location change. In all instances of H1B change of address after April 9, 2015, the H1B amendment petition is required even if a new LCA has already been certified and posted at the new work location in accordance with Department of Labor rules.
So, just changing clients would require an amended petition only if there is a new work site. If there is no new work site and you are remaining with the same employer and working from the same home location, no change or amendment to your H1b is required.
If you move home addresses and your H1b is approved for one address, then an amended H1b needs to be filed listing your new work at home location.
Customer: replied 11 months ago.
How to file amended H1B..? Which forms should be filled..? and what all supporting documents should be provided.. with this amendment request..?
Expert:  Law Educator, Esq. replied 11 months ago.
The employer is responsible for filing the amended H1b and they simply would change your address on your work location to your new work location if you move. If you are not moving your home nothing needs to be filed.
It is an amended form I-129.

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