I’m from India and currently living in Delaware on an H1B work visa. My company just offered me a transfer to their New York office, and I’m excited but nervous about the process. Do I need to file a new petition or just update my current H1B? Will moving to a different state cause any issues with my visa status or green card plans?

Question

Lalita Chakraborty · Accepted Answer

Yes, a location change usually requires your employer to file an H1B amendment with USCIS. It’s not a brand-new petition, but it must be approved before you start work in New York.

Nkosinathi Ndlovu · Answer

Your employer needs to file an updated Labor Condition Application (LCA) and submit an H1B amendment for the new worksite. This keeps you in compliance with U.S. immigration rules. Once USCIS receives the amendment, you can often start working in New York while it’s pending.

Mahboubeh Mahboubeh · Answer

An H1B transfer within the same company is common, but immigration rules require that USCIS be informed whenever your work location changes to a new metropolitan area. Your employer will handle the amendment paperwork, including a new LCA showing the New York wage levels.

If you’re in the middle of a green card process, the move may also require updates to your PERM or I-140. Make sure the amendment is filed before you relocate. Always keep copies of all filings for your records.

Sujay Patel

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