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Amending an H-1B

MARY SCHNETZ
INTERNATIONAL FACULTY
& STAFF SERVICES

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 InTraining (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).
Minor changes 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 Amended Petition

Determination Form available on the IFSS


website: http://
www.ohr.wisc.edu/ifss/imminfo/H-1B/H-1
B_amend.pdf
.
IFSS will determine whether or not an
amended petition is required.

Filing Procedures

The application process is similar to the initial

petition http://
www.ohr.wisc.edu/ifss/imminfo/H-1B/H-1B-extensio
ns-checklist.pdf
.
A new Labor Condition Application must be filed to
reflect the changes in the position.
Petition needs to include the employees current visa
stamp, passport identification page and I-94 card.

Filing Procedures - continued

I-94 system is now automated and employee must

download the document from the internet


www.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?

Questions?

Contact information:
Mary Schnetz
International Faculty & Staff Services
21 North Park Street, Suite 5101
(608)262-1742
mschnetz@ohr.wisc.edu