H1 Violation

[anjali2117]

My employer has multiple locations within the same state. Few months ago, I was moved from one metropolitan area to another (Within same state), however no LCA was filed and neither an H1 amendment was done. I asked my employer to do it but it's been few months now and the HR dept hasn't done anything yet.

I know it's a violation and because of this, I have now decided to move to a new employer. However, just wanted to find out that even though it's my current employer's fault, could this create an issue for me when the new employer is gonna file for transfer?

Thanks

[Attorney_10]

Generally, an employer's failure to comply with the Department of Labor regulations regarding LCA's could also have negative consequences for the H1B employee. USCIS is moving towards the position that an employee working at a location without a valid LCA is not maintaining valid H1B status. Thus, the individual may not be eligible to change employers or change status within the U.S. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether you are eligible to change employers in the U.S.

[anjali2117]

Thanks for the reply.

It's a willful violation from the H1b employer. As an H1b employee, I did ask my employer to file a new LCA and do H1 amendment. However, my employer didn't do anything about it.

How can I make sure that I should be able to change employer now? Would filing a WH4 complaint with DOL help me change my employer?

[wiweq]

"As an H1b employee, I did ask my employer to file a new LCA and do H1 amendment. However, my employer didn't do anything about it."

=> It's good that you are aware of H1b laws. Taking timely actions will make sure that you were not with your employer for illegal activities. Reporting DOL/ Wh4 won't work. Call to ICE and register your complain, or hire an attorney. Do it now, if you are late, as attorney_10 said, you will ruin your whole career in USA.

Meanwhile find a better employer.