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Tina86

H1B RFE from new employer (B) petition transfer

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RFE reason: ‘Previously approved your petition to work for Company(A) at Atlanta, GA location. The documents you have provided suggest that you are working from other location (residence) ’

Employer A :

·  I opted and joined Employer A based out of Atlanta, GA on full time basis while am residing at Stanford, CT.

·  Employer A, approved H1B 797 petition is valid from Jan 2020 to Dec 2022

·  My joining date with employer happened on March 2020 and I started working remote owing to Pandemic crisis and unavoidable situations

·  At that point in time there was no communication either from me or employer A (in my case) as Pandemic is global and no requirement from employer A to work onsite, I continued working from my home (Stanford, CT).

·  LCA is filed with Atlanta, GA as location

·  Payroll from March 2020 is generated based out of Stanford, CT though LCA is filed with Atlanta, GA.

 Employer B :

·  I was a select for a new FTE job based out of Stanford, CT

·  Employer B filed for my H1B transfer and received a RFE in the month of July 2021 with below reason :

‘Previously approved your petition to work for Company(A) at Atlanta, GA location. The documents you have provided suggest that you are working from other location (residence)’

 

Seeking Clarification

·   Analyzing my case, I sense an Amendment with employer A is the first and immediate correction to be done. Is my understanding correct?

·   Amendment with a new LCA filing, location being Stanford, CT (residence address). I have no intent to shift to client location Atlanta, GA in foreseeable future. LCA with my residence should be filed. Is my understanding correct here?

·   Am little unclear how with no mention in LCA of my residence location (Stanford, CT) employer A started generating my Payroll which should have been Atlanta, GA. (I never bothered about it as well as am unaware of the LCA and filed address). Will those pose any problem? Am seeking clarification to be on a safer note

·   My current I-797 is far away (12/31/2022) from filing any extension, a chance to wait and correct amendment along with filing a next extension is ruled out. This mandates and suggests I should file for Amendment ASAP, isn’t that true?


Feedback:

·  Am looking for an expert opinion reviewing my above case and do suggest what should be my next steps and in what order to avoid further mess before I reach to Employer A and Employer B

·  However, I would also like to know an if a new amendment is the first fix, will this pose any problem for my future employment or green card processing, if so how and what are they? (guesstimate)

·  Given my situation what should I reply back to employer B, is it indicating I cannot transfer to anyother employer unless until my current LCA/Amendment with employer A is fixed. Is that a valid and safe assumption? Also, I cannot join anyother company if this isn’t fixed as the issue remains same (as stated in RFE reason).

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The LCA needs to specify your work location. You work in a location that differs from the location listed on the LCA. And why were you unaware of what is listed on the LCA? The employer was required to give you a copy of the LCA when you started working there.

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You need an expert attorney's help, no feedback from any forum will help you. 

It's too late anyway, seek clarification from your employer, he failed you.

On 9/6/2021 at 4:12 PM, Tina86 said:

At that point in time there was no communication either from me or employer A (in my case) as Pandemic is global and no requirement from employer A to work onsite, I continued working from my home (Stanford, CT).

It is very simple and you need to have an understanding that you need to follow LCA = Labor Condition Application.

 

 

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Btw, I believe you meant Stamford, CT, with an m. Stanford with an n is a university in Palo Alto, CA.

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