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sreevats.ns@gmail.com

H1B stamping LCA question

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Hi.

My wife is having stamping in 10 days in Chennai, India. Her LCA was filed in 2017 when she was with Client A and she is now with Client B but same Employer.her current work location is different but her employer mentioned that since it is in same MSA, no need to file LCA again and her employer is confident on this. 

Since there is only 10 days:

1. Will there be any issue in stamping bcoz of different address in current work location and the one in LCA?

2. If there is an issue, is there any resolution for this situation? 

 

Thanks in Advance!

 

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LCA should always reflect latest and current address of employment. 

What your wife's employer is talking about is amendment. Both are different things. 

In any case same MSA different MAS doesn't matter new LCA should have been filled.  

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Most of the employers/attorneys suggest to file LCA immediately when we move to different work location within MSA but advise us to go for Amendment while we are going out of USA for visa.

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So... based on the responses, I have the below questions...

1. can I get my wife's employer to file new LCA and then file h1b amendment and go for stamping with receipt number for h1b amendment in 10 days? (I am stating 10 days to see if these can be done before we leave US - not sure if this is a possibility).

2. if h1b amendment is filed, but no receipt obtained - can she still go for stamping ?

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@sreevats.ns@gmail.comTwo of your questions has different answers i.e., in both cases some take chance and go for visa interview but some will not go until Amendment is approved. It is subject to individual.

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Though your wife can legally work since it is under the same MSA, but for stamping your wife need's an amendment. She cannot go for stamping using the current approval. 

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