Get the free H-1B Amended Petition Determination - ohr wisc

This form is used to ascertain whether a proposed change in an H-1B employee's employment will necessitate an amended petition based on the regulations set forth by USCIS. It includes various questions

How to fill out h-1b amended petition determination

How to fill out H-1B Amended Petition Determination

1. Gather required documents, including the original H-1B approval notice.
2. Complete the Form I-129, Petition for a Nonimmigrant Worker, ensuring to indicate that it is an amendment.
3. Provide a detailed description of the new job duties and any changes in the job location.
4. Include company-specific information, such as the employer's name, address, and Employer Identification Number (EIN).
5. Attach all supporting documentation, including the prevailing wage determination and proof of the beneficiary's qualifications.
6. Pay the required filing fee for the amendment, and any additional fees that may apply.
7. Submit the completed petition package to the appropriate USCIS service center.

Who needs H-1B Amended Petition Determination?

1. Employers who wish to amend the terms of employment for current H-1B employees, such as changes in job duties, location, or employer status.
2. Organizations that have experienced significant corporate restructuring or changes that affect the job position of an H-1B holder.

People Also Ask about

How long does an amended H-1B petition take?

Regular processing typically takes 100-150 days for H-1B visa amendments. However, this timeframe can vary depending on several factors, such as USCIS's workload, the complexity of the case, and the specific service center handling the petition.

Can I work while the H-1B amendment is pending?

If the petition is requesting a change in employment or change in employer under H-1B portability, you are authorized to work in the new employment for the entire time the petition is pending at USCIS.

How do I amend my H-1B petition?

The H1B petition must be amended if there are any material changes to the position. Contact International Services with any changes. Often, the change you describe will have no impact on your H-1B visa status but in certain situations, it may be necessary to file a new I-129 to amend your H-1B visa status.

Can H-1B amendment be denied?

In these cases, the employer must file an amended H-1B petition with United States Citizenship and Immigration Services (USCIS) on behalf of the employee before the change occurs. A denied amendment does not affect an employee's current H-1B status, nor does it prevent an employer from filing another amendment.

How long does it take to amend H-1B petition?

Regular Processing times can vary quite dramatically, sometimes as short as 2 months but can be as long as 8 months. The average is between 3-5 months.

Can I work while the H-1B amendment is pending?

If the petition is requesting a change in employment or change in employer under H-1B portability, you are authorized to work in the new employment for the entire time the petition is pending at USCIS.

Can H-1B amendment be denied?

In these cases, the employer must file an amended H-1B petition with United States Citizenship and Immigration Services (USCIS) on behalf of the employee before the change occurs. A denied amendment does not affect an employee's current H-1B status, nor does it prevent an employer from filing another amendment.

For pdfFiller’s FAQs

What is H-1B Amended Petition Determination?

The H-1B Amended Petition Determination is a process by which U.S. employers who hold H-1B petitions for foreign workers must notify the U.S. Citizenship and Immigration Services (USCIS) of certain changes in the employment circumstances, such as a change in job location or significant changes in job duties.

Who is required to file H-1B Amended Petition Determination?

Employers who sponsor H-1B workers are required to file an H-1B Amended Petition Determination if there are material changes to the terms and conditions of employment of the H-1B worker, including changes in worksite location, job responsibilities, or client or project assignment.

How to fill out H-1B Amended Petition Determination?

To fill out an H-1B Amended Petition Determination, an employer needs to complete Form I-129, including the H Classification Supplement, and provide supporting documentation that outlines the changes to the employment terms. Additionally, employers must include the current Labor Condition Application (LCA) that corresponds to the new employment conditions.

What is the purpose of H-1B Amended Petition Determination?

The purpose of the H-1B Amended Petition Determination is to ensure compliance with immigration laws by allowing the U.S. government to evaluate any significant changes in the employment terms of H-1B workers, thereby protecting both foreign workers' rights and U.S. labor standards.

What information must be reported on H-1B Amended Petition Determination?

Information that must be reported on the H-1B Amended Petition Determination includes the name of the H-1B worker, the employer's details, the new worksite address, a description of the changes in duties, the effective date of the changes, and any relevant wage information reflecting the new position.