Amending H-1B Status
(Excerpted from http://www.ufic.ufl.edu/downloads/ifss/GDLNS_H1B.pdf)
October 2009
H-1B regulations require employers to submit petitions to the USCIS to amend
the status for any H-1B
employee whose employment experiences any “material change”. At
UF, changes in the following conditions of
employment are considered to be material changes that will require a “petition
to amend” to be filed for an
affected H-1B holder: 1) a change in job title, only if the duties change from
one title to another such as from
research to teaching or vice versa; 2) a change in FTE; 3) a change in the physical
location of the work site
(example going from Gainesville, FL to Lake Alfred, FL); 4) If the increase
in salary is more than 10% of the
salary and/or duties are increase. These conditions are specified on the Labor
Condition Application and
prevailing wage. If there are any other changes, it will only require an actual
wage, prevailing wage, LCA,
coversheet, offer letter and a letter explaining the changes or no material
changes, which is done by the
department and submitted to UFIC for processing. An amendment would not be necessary
for a change in salary
that would be considered a natural or automatic increase due to length of service
or meritorious award for
performance of duties. There should NEVER be a decrease in the salary of an
H-1B holder. Please call FSS at
352-392-5323 if you have questions about this process.