When is a new LCA / amendment required for H1B?


work2live123

Recommended Posts

I was with client A last year , got my LCA with client A name and location. Now with client B for last 6 months. Going to India for stamping in 10 days  with LCA having client A addressed  and having my  letter from client B. No new new LCA / amendment was done as both my client A &B are under same MSA, no change in role or wages, same employer.  Will there be any issue in my stamping? 

Immediate response would be appreciated 

Link to comment

This is surely big issue. 

I can't believe your employer even didn't file LCA. 

See below guideline from USCIS:

Change in client is material change and surely needs amendment as per below guideline. 

  1. When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). 
  2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA. 
Link to comment
23 hours ago, adshah84 said:

This is surely big issue. 

I can't believe your employer even didn't file LCA. 

See below guideline from USCIS:

Change in client is material change and surely needs amendment as per below guideline. 

  1. When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). 
  2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA. 

Can somebody confirm on the below mentioned clause for not filing new LCA n amendment? I am having stamping in 10 days. Would it make sense to apply for atleast LCA now n get client: location changed? 

Link to comment

Archived

This topic is now archived and is closed to further replies.