LCA impact on h1b duration


Barry22

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Hi,

New to h1b and LCA process - What is the issue with back-dating of overall h1b duration due to LCA? Does it happen all the time?

For example - h1b valid for 3 years but current project is for 6 months. if LCA is filed does it always reduce the overall h1b duration? I don't understand how these things are related (latest i94 reflects overall 3 year duration). 

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  • 2 weeks later...

Working for a consulting firm and your h1b is approved for 3 years. However, LCA + H1B amendment requirements indicate that for every client site we need to file LCAs. My concern is when USCIS sees the amendment to change location, they sometimes also back-date the overall h1b. Does that not happen often? 

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When you file a new amendment for a location change the new H1 will be approved till the duration of the project at the new location. If your original approval was for 3 years and when you change location and file and amendment and have a project for 1 year, you will get a approval for 1 year. Again this is what we are seeing in most cases, but every case is different. 

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