I’m in H1 visa and currently working for the client A at Sunnyvale location. Since, my project is going to end within a month, I’m looking for the new projects in my company. I found that there is an opening for a client B at San Ramon location which is in 50 miles radius.
My question is,
Should I need to ‘amend’ my visa, since there is a client change?
My current visa is valid till 2021, if my new project is a short-term project, will it affect my visa dates?
I should raise this question to my visa team.
However if my Visa dates affects by this change, then I’ll consider to keep working with Client A and find another project within Client A.
Officially, USCIS says that if there is a ‘material’ change in your H1B job, you should file for amendment.
The 50 miles is not the criteria, but different MSA (metropolitan Statistical Area) is for the ‘Job Work Location’ change.
I would suggest that you should file for H1B amendment as your client and the project details will change with new client.
These days, USCIS is pretty strict with H1B applications and you never know if they will create an issue later or not.
Will Current H1B validity be affected by H1B amendment
Yes, it will be affected.
Each H1B amendment is same as new H1B application and the approval validity MIGHT be restricted to client’s project length.
But, remember, your old H1B application still remains valid if you are NOT changing the employer.
You can always go back to Client A, Employer A combination.
Employer is only required to withdraw the H1B application if the employee is NOT working for them.
If you ares till with same employer, they probably would keep the old H1B approval intact while you may file amendment for working with Client B.