Changes to Employment/Employer
When there is a change in the duties or terms and conditions of employment of an H-1B worker, an amended I-129, H-1B application may be needed prior to when the new terms and conditions take effect. According to I.N.S. field memorandum CO 214h-C, an amended H-1B application is necessary if the H-1B worker’s job duties change significantly (e.g. from postdoctoral research to research associate) or when there is a significant change in salary which would require the filing of a new LCA with the Department of Labor. Minor changes in the conditions of employment do not require the filing of an amended H-1B petition but must be noted in any future extension of H-1B status. Minor changes would include a change of job title with no or minimal changes in job duties or an insignificant salary increase.
Amended H-1B applications must be filed before the proposed change in status goes into effect. A change of duties or salary will not be approved until ISSS receives the I-129 receipt notice (the official notice of application receipt from USCIS).