Mary SchnetzInternational Faculty & Staff Services
Amending an H-1B
What is an Amended Petition?
Subsequent petition for someone who already has H-1B status.Required when there are significant or “material changes” in the terms and conditions of the previously approved employment.
Definition of a “Material Change”
Significant changes in the job duties.Change in title to a different title series (e.g. Researcher to Scientist or Lecturer to Assistant Professor; also change in title for an Employee-in-Training who has a PVL waiver due to completion of training).Change in work location or addition of a subsequent worksite.
Material Changes - continued
Change in major department.Moving from part to full time and vice versa.An approval notice is required before the changes can officially start.One exception: A move from Employee –In-Training (Post-Doc) to titled position (Assistant Scientist) due to completion of training (PVL Waiver). This person would be able to officially begin the Assistant Scientist position based on the receipt notice alone.
What is Not Considered a Material Change?
Minor changes in job responsibilities: e.g. preparing reports in addition to conducting the research; providing occasional training (i.e. workshops once a month).Salary increase as a result of merit or equity factors.Routine promotion within the same position title series (from Assistant to Associate Scientist).Minorchanges in the conditions of employment do not require an amended petition; the USCIS can be notified of these changes when filing to extend the H-1B worker's status.
Determining When to File Amended Petition
Complete the H-1B AmendedPetitionDetermination Form available on the IFSS website:http://www.ohr.wisc.edu/ifss/imminfo/H-1B/H-1B_amend.pdf.IFSS will determine whether or not an amended petition is required.
The application process is similar to theinitial petitionhttp://www.ohr.wisc.edu/ifss/imminfo/H-1B/H-1B-extensions-checklist.pdf.A new Labor Condition Application must be filed to reflect the changes in the position.Petition needs to include the employee’s current visa stamp, passport identification page and I-94 card.
Filing Procedures - continued
I-94system is now automated and employee must download the document from the internetwww.cbp.gov/i94.S/he will be given instructions about this upon re-entry to the US unless they return from Canada or Mexico. Paper I-94 cards will continue to be given in these circumstances.Filing Fees - $325 ($1225 PP fee if required).
Amended Petition Required?
Assistant Researcher to Assistant Scientist?Assistant Professor to Associate Professor?Full time Researcher to part time Scientist?Assistant Scientist in Horticulture to Assistant Scientist in Botany?Post Doc (Employee In Training) to Assistant Scientist with PVL waiver?
Contactinformation:Mary SchnetzInternational Faculty & Staff Services21 North Park Street, Suite 5101(608)[email protected]