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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109638
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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We are a small staffing company with 7 H1B employees. Need

Customer Question

We are a small staffing company with 7 H1B employees. Need some clarity on new law that we have to file H1B amendment when we change the work location of the H1B employee. What are adverse affect if we do not file in time for amendment. We want to file
as soon as possible, but LCA approval takes 5-7 days and then paperwork preparation takes 1-2 weeks for filing the H1B amendment. Client does not wait that long and usually we have to start the employee at new location right away, that is a week or 2 before
we file the amendment. Will that be totally out of compliance? What impact this late filing will be on Employee's H1B Status? going forward to their Green Card filing etc?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello! My name is***** and I am a licensed attorney with more than 13 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. According to the regulations, the amendment must be filed prior to the change. However, the employee can change work locations right after USCIS receives the amendment. In order to save time, have the lawyer or firm begin filling out the I-129 and gathering the evidence at the same time that the LCA is filed. That way when the LCA is approved 5 to 7 days later, they just have to input a few things into the I-129. Honestly, I have been able to do an H-1B in an 8 hour period. So what they are saying about taking 1 to 2 week to prepare it is because they don't want to be rushed. However, they may want to charge extra for a rush job. Anyway, I think it is reasonable to have them start the I-129 and gathering evidence at the same time the LCA is filed. That way you are only looking at about a week delay. Send the file overnight and as soon as USCIS gets it, he can work in the new location. Here is a link to a good article: 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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Excuse me, but I have a very serious matter to discuss with you. You are a very good customer of the site, but it seems that since 6/9/2013, any questions that I answer for you, you have refused to leave a positive rating for me while you do leave positive ratings for others. Is there any particular reason why? If I have done something to offend you, I'd like to know to see if I can apologize and repair that. Please let me know. Thank you.