H1B Visa applied on In-house project but working at client location.

[jaj527]

Hi All,

Need your valuable suggestion!!!

H1B approved on Nov 2011 with in-house project, but i am working at client locations since my h1b approval ( i have worked for two different clients.. currently iam at second client location which falls under same city and state, my LCA filed under client loc and employer loc). Now i am planning to go for stamping to canada.

as per my employer he is suggesting me to represent myself as in-house project rather than client location. this is my 1st H1B stamping. COS from F1 to H1B.

Do i have a choice to represent my self working at client location even though my H1b applied under in-house project. as per my employer... we need to apply for H1b amendement since my h1b is under in-house and iam working at client location.

Please share your thoughts on this....Thanks for the feedbacks !!!

Regards,

[Attorney_25]

Participating in your employer's fraud can cause you to be permanently barred from the US.

[rahul412]

as per my employer he is suggesting me to represent myself as in-house project rather than client location. this is my 1st H1B stamping. COS from F1 to H1B.

Do i have a choice to represent my self working at client location even though my H1b applied under in-house project. as per my employer... we need to apply for H1b amendement since my h1b is under in-house and iam working at client location.

Your H1 needs to be amended. Remember do not play with USCIS officials, once they caught you then you have to forget US.

[rahul412]

as per my employer he is suggesting me to represent myself as in-house project rather than client location. this is my 1st H1B stamping. COS from F1 to H1B.

That's fraud, your H1 needs to be amended with the current work location.That's the only solution.

[chakrakr]

Hold on ..... OP is in same city and state per old client (and I suppose company). In all possibility , it is in same MSA and so no new LCA/H1 is required. The only requirement for his employer was to post the LCA in client location for 10 days. If employer has done that, OP is not violating any law. All OP need is a client letter.

[chakrakr]

your desi employer is a fraud..report to DOL..and have them pack their bags to their home country.

Wish all fraud employer had packed their bags and returned to home country a couple of years earlier .... we would not have seen a fraud, who illegaly paid for his Green Card , jumping all over :)

[rahul412]

Hold on ..... OP is in same city and state per old client (and I suppose company). In all possibility , it is in same MSA and so no new LCA/H1 is required. The only requirement for his employer was to post the LCA in client location for 10 days. If employer has done that, OP is not violating any law. All OP need is a client letter.

That's what it is. OP needs to notify the change in the work location to USCIS before the interview.

But these days their are some cases where embassy was asking for amended petition if their is any change in the petition after the approval.

[chakrakr]

That's what it is. OP needs to notify the change in the work location to USCIS before the interview.

But these days their are some cases where embassy was asking for amended petition if their is any change in the petition after the approval.

There is no change in petition (change in petition by itself means amended petition) , no change in LCA. The law is very clear that no new LCA is required if employee moves within same MSA.

[rahul412]

There is no change in petition (change in petition by itself means amended petition) , no change in LCA. The law is very clear that no new LCA is required if employee moves within same MSA.

I am little bit confused here. Some say you need amended petition and some say doesn't. Now I want to make it clear to everyone and to myself.

Can you please share the information under what circumstances an H1 petition needs to be amended??

[chakrakr]

it seems like you like me :)

Yeah ... and it will not be long that CIS will like you even more. I am informing the fraud detection cell. You can jump in your nice deportation cell .

[chakrakr]

I am little bit confused here. Some say you need amended petition and some say doesn't. Now I want to make it clear to everyone and to myself.

Can you please share the information under what circumstances an H1 petition needs to be amended??

Check this thread http://forum.murthy.com/index.php?/topic/43280-working-from-home-to-be-notified-to-dos/page__fromsearch__1 I have quoted the law.

A new LCA is required when the new location is not in commuting distance (typically in a new MSA) . Now a days, CIS insist for a H1 amendment whenever there is a change in LCA. Some overzealous Attorney insist on a new LCA + H1 Amendment even when the location moves to next door.

[rahul412]

Check this thread http://forum.murthy....__fromsearch__1 I have quoted the law.

A new LCA is required when the new location is not in commuting distance (typically in a new MSA) . Now a days, CIS insist for a H1 amendment whenever there is a change in LCA. Some overzealous Attorney insist on a new LCA + H1 Amendment even when the location moves to next door.

I got this from murthy website

http://www.murthy.com/2011/08/12/murthy-success-story-reaffirmation-of-h1b-petition-approval-after-221g-visa-refusal/

nothing was mentioned about amendment

But this one says H1 amendment is req

[JoeF]

There is a material change, and that means LCA and/or H1 have to be amended.

[rahul412]

There is a material change, and that means LCA and/or H1 have to be amended.

Now what's the difference between LCA amendment and H1 amendment?

[chakrakr]

There is a material change, and that means LCA and/or H1 have to be amended.

All I see is OP changed from in-house project to client project . The question is, is it in same MSA AND is he now in a different role. If it is in same MSA and OP is still working in same role (eg. Developer or Analyst or Manager etc.) there is no material change. Unless I have missed something, there is no other change in OPs status.

Per law as I cited earlier AND per the success story from murthy as posted by rahul (http://www.murthy.co...g-visa-refusal/) a location change in same MSA does not need a new LCA/Amended H1.

Further to that, this is what I find --- Adjudicator’s Field Manual 31.2(e) states that “[t]he mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien’s employer and, provided further, the supporting labor condition application remains valid.”

Also, from DOL site -- http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62j.htm

If the employer requires the H-1B worker to move from one worksite to another worksite within a geographic area of intended employment, must the employer obtain an LCA for each worksite within that area of intended employment?

No. The employer need not obtain a new LCA for another worksite within the geographic area of intended employment where the employer already has an existing LCA for that area. However, while the prevailing wage on the existing LCA applies to any worksite within the geographic area of intended employment, the notice to workers must be posted at each individual worksite, and the strike/lockout prohibition also applies to each individual worksite.

Combining all above , it is again established that no new LCA (and hence no amended H1) is required if there is a location change in same MSA.

[h1b_life]

1. Your H1-B was approved based on your in-house details and you worked in same county till date. So your status should be good.

2. When you go out for stamping, your H1-B/Amendment, LCA and I-129 should reflect latest work situation.

Given your scenario, you are already in violation of H1-B rules, if enforced to-the-word. Better step would be to abide by rules and file LCA and I-129+Amendment as per latest work location and go to stamping with updated papers.

If you want to go with your old papers, you are effectively violation H1-B laws and may be issued 221g and placed under fraud detection.

[pontevecchio]

@chakrakr, Are you calling Attorney 25 a fraud?

[rahul412]

Combining all above , it is again established that no new LCA (and hence no amended H1) is required if there is a location change in same MSA.

Let's say USCIS had client visit and finds out that the beneficiary is no more working at that location then what will be the outcome???

[chakrakr]

Let's say USCIS had client visit and finds out that the beneficiary is no more working at that location then what will be the outcome???

Normally two things are advised -- 1) Posting LCA in new work site (this is must) 2) Sending a letter to CIS informing about this.

[chakrakr]

@chakrakr, Are you calling Attorney 25 a fraud?

Did I ? Either I have written bad English , or you have poor comprehension. Why don't you help me understand. I have quoted what the law says . Is the law saying anyone fraud ?

Attorney 25 advised OP not to participate in fraud and say he is working in in house project. Did I oppose that ?

I advised OP to say where he is working (client location) . Do you see any conflict ?

What I mentioned is, he is NOT violating law (subject to soem contingencies as I mentioned earlier) just by merely moving from one client to another in the same MSA.

[chakrakr]

@chakrakr, Are you calling Attorney 25 a fraud?

Oh! and BTW, if I am wrong , so is Murthy law firm-- http://www.murthy.co...g-visa-refusal/ . Is that what you want to say ?

[rahul412]

2) Sending a letter to CIS informing about this.

Just a letter is fine? Are you sure about that??

What about the visa interview?? Just a letter is fine during interview??

[chakrakr]

Just a letter is fine? Are you sure about that??

What about the visa interview?? Just a letter is fine during interview??

I will not ask you to read and understand the law but did you even read the Murthy Success Story. Let me quote from that --

"Additionally, it was noted that our client's subsequent work location was in the same MSA as the stated petition work location. Thus, the LCA and initial petition continued to remain valid."

If you have further questions, please direct to the author of this Success Story.

[rahul412]

I will not ask you to read and understand the law but did you even read the Murthy Success Story. Let me quote from that --

"Additionally, it was noted that our client's subsequent work location was in the same MSA as the stated petition work location. Thus, the LCA and initial petition continued to remain valid."

If you have further questions, please direct to the author of this Success Story.

I understood that, but in this forum their was one guy who changed his client location within MSA and but that was not notified to USCIS, and when officials came for site visit they didn't find the person and ultimately they revoked the H1.

[chakrakr]

I understood that, but in this forum their was one guy who changed his client location within MSA and but that was not notified to USCIS, and when officials came for site visit they didn't find the person and ultimately they revoked the H1.

So why not notify them ? Notifying and Amending H1 are not one and the same. A bit unrelated -- but , when you change job after filing 485 invoking AC21, do you file a 485 Amendment ? No, you just send a letter (notify).