Amended H-1B Petition

There are times when a change in one’s employment will trigger the need to file an amended H-1B petition with USCIS.

USCIS’s position is that if the change in employment is “material” then an amended H-1B petition must be filed with USCIS.

For example, if there is a change on job title, significant change in job duties, or a change in work location, then an amended petition will be necessary.

A transfer to a different legal entity within the same corporation would trigger the need to file an amended H-1B petition with USCIS.

The same holds true for raises in salary unless the change is so great that USCIS presumes that the position is really a new one.

Amended H-1B Training petitions are exempt from the USCIS training fee of $750 or $1,500 and the USCIS anti-fraud fee of $500.

The only USCIS fee is the $325 I-129 processing fee.

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