WFH期间换base了需要amend H1B吗


如果employment有material change,例如worksite location变化,需要变化生效前雇主提交提交H-1B amendment。

关于你的worksite location,你的雇主按要求应该给你提供了LCA,见LCA上worksite是怎么写的。如果不确定,问HR需不需要H-1B amendment。

An H-1B amendment is required when there will be a material change in the terms and conditions of authorized employment. Material changes could include, in some circumstances, a change in worksite location, a significant change in job duties or a change in occupational classification, or a reduction in hours from full-time to part-time or a reduction in salary. The U.S. Citizenship & Immigration Services (CIS) has provided clarification and guidance specifying when an amended petition is required when there has been a change in worksite location.

When Is an Amended H-1B Petition Required Due to a Change in Worksite Location?

Movement outside the geographic area listed in the original Labor Condition Application (LCA) and H-1B petition require certification of a new LCA by the U.S. Department of Labor and will require an amended H-1B petition. The employee may begin work at the new location only after the employer files the amended petition. The CIS has confirmed that movement of the H-1B employee within the same geographic area does not require an amended H-1B petition, so long as all other material terms and conditions of employment remain the same.

CIS has further confirmed that short-term placements that meet the requirements of the short-term placement regulations will not require an amended H-1B petition. Similarly, placements at locations that do not meet the regulatory definition of a worksite will not require an amended H-1B petition so long as other material terms and conditions of employment remain the same.



个人经验,换组也不是一定要amend的,人在纽约report给WA的老板也是可以的,主要还是看你自己的job tied to which location,比如你公司内网里是具体在啥location。

这个要问 HR 和公司律师吧? 每个公司 疫情期间 policy 可能不一样

我猜测 大概率 换组就要 amend 了, 因为新老板的headcount 肯定是 tie to location的