work2live123 Posted February 2, 2019 Report Share Posted February 2, 2019 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
adshah84 Posted February 3, 2019 Report Share Posted February 3, 2019 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. 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). 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
work2live123 Posted February 3, 2019 Author Report Share Posted February 3, 2019 Thanks for the reply. Exactly ,but they are saying since both client under same MCA amendment and LCA are not needed. I also see the same in the same USCIS site - “When you do not need an amend and LCA” can a LCA be filed now? Without H1B amendment . How long does an LCA take to get certified? Link to comment
work2live123 Posted February 4, 2019 Author Report Share Posted February 4, 2019 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. 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). 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
work2live123 Posted February 4, 2019 Author Report Share Posted February 4, 2019 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
gopalakrishnach Posted February 4, 2019 Report Share Posted February 4, 2019 My employer adviced and did new LCA, H1B amendment. We felt it will not hardm in doing. Better be safe than smart. Link to comment
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