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New Policy of INS, California Service Center Regarding Extension/Change of Employer

On August 10, the INS California Service Center issued a new policy, effective immediately. For those who request an extension of stay in H-1B classification based on a job offer for new employment (i.e., a "change-of-employer"), the INS now requires proof that he/she has been maintaining status as an H-1B nonimmigrant. In other words, the INS requires verification of the beneficiary’s lawful employment with his/her prior/current H-1B employer. Such evidence may include the H-1B nonimmigrant’s Forms W-2, paycheck stubs, wage and earnings statements, and/or prior employer’s State of California Forms DE-6 (or other appropriate official state records for states other than California) listing the beneficiary, SSN, wages, etc. for the full period of the H-1B nonimmigrant’s employment with that employer - up to the past 4 quarters.

It is advisable to submit this evidence of maintenance of status with all change of employer cases to avoid delays.

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