Compared to the F-1 or J-1 visas, H-1B visas have much less flexibility when there are changes to your employment situation. In general, if there is any change to your employment situation at UCSF it’s probably best to email the ISSO advisor who filed you H-1B visa so that they are aware of the change.
Often, the change you describe will have no impact on your H-1B visa status but in certain situations, it may be necessary to file a new I-129 to amend you H-1B visa status.
Please note that amendments do not need to be approved by the USCIS before the change can take place—however, the ISSO must at least have the receipt notice for the new I-129 before the change can go into effect.
Below are the three most common situations that result in an amended H-1B. If you are unsure whether your situation requires and amendment, please reach out to the ISSO as soon as possible.
Change in Salary or Funding
Not all changes to your salary will require an amended H-1B. For example, when your salary increases because of the terms in your employment contract or an annual wage increase, no action is needed. However, significant reductions or increases in your salary may require an amendment before they can take place:
Reduction in Salary
Any reduction in salary will always require an amendment to your H-1B. Whether the reduction is the result of a change in job duties or the loss of a funding supplement, if you will be paid less than the amount listed on your most recent I-129 (see page 21, Section 1, Item 4 of your I-129) we must submit a new I-129 to reflect your new salary before the reduction can take place.
Increase in Salary
If your salary will increase by more than 20%, an amendment may be needed. Please email the advisor who filed your H-1B to discuss the matter. If your salary is increasing because of an annual performance/experience increase or other expected salary increase, no amendment is necessary.
Change in Work Site
Your work site(s) are listed on I-129 in two locations: Page 5, Part 5, Item 3 (primary work site) and Page 10 (secondary work sites) please contact the advisor who filed your H-1B if either address(es) are incorrect or no longer valid. Not all work site changes will require an H-1B amendment—it depends on the distance your new work site is from your current work site. The basic standard is considered “within normal commuting distance to the work site” but this standard is not always clear and requires input from your H-1B advisor to determine if the standard is met. If you exceed the allowable distance, an amended H-1B will be required.
Examples:
- If the work site changes from Mission Bay campus to Parnassus campus, no amendment is necessary since both addresses are within the SF Bay Area.
- If an employee will move to LA and work remotely, occasionally visiting the lab in Mission Bay, an amendment H-1B is required since the new work site is now in LA and thus far outside the normal commuting distance to Bay Area.
Change in Job Title or Job Duties
Changing job titles is not uncommon at UCSF and not all changes require an amendment to the current H-1B but since any new title may result in new job duties, it is import that the ISSO is aware of the title change. Changes the involve any of the following we always require an amendment:
- taking on significant new job duties (especially management)
- changing from a union-represented position to a non-represented position or vice-versa
- changing to any non-academic job title or staff position
This is not an exhaustive list so please contact your ISSO H-1B advisor if you learn of a possible title change. A new I-129 must be filed with the USCIS before you can assume the new title or job duties.