lostpacket Posted March 5, 2014 Report Share Posted March 5, 2014 I am working at my company's office as an in house employee providing services to clients remotely from my office with occassional travel to clients to fix their issues. My company found a client who wants me to be on site full time. I requested company to file an LCA and amend H-1B but they said it is not clear if amendment is required but LCA is required. So they are just filing LCA. Now I am not sure, if that is right or wrong. This is in house to client site employment transition. What will happen if I don't amend H-1b. I am not planning to for stamping any soon or even after the client site work ends. Thanks Link to comment
jairichi Posted March 5, 2014 Report Share Posted March 5, 2014 I am working at my company's office as an in house employee providing services to clients remotely from my office with occassional travel to clients to fix their issues. My company found a client who wants me to be on site full time. I requested company to file an LCA and amend H-1B but they said it is not clear if amendment is required but LCA is required. So they are just filing LCA. Now I am not sure, if that is right or wrong. This is in house to client site employment transition. What will happen if I don't amend H-1b. I am not planning to for stamping any soon or even after the client site work ends. Thanks If it is a new client then you need to get your H1B amended. If not done then you might face trouble in future. Link to comment
chakrakr Posted March 5, 2014 Report Share Posted March 5, 2014 Legally you need a new LCA if your work location moves to a different MSA. However, I have seen Attorney posts which says that USCIS insist on an amended H1 as well. However, neither a new LCA nor an Amended H1 is required if the new job location is in same MSA AND your primary job duties do not change Link to comment
JoeF Posted March 6, 2014 Report Share Posted March 6, 2014 Legally you need a new LCA if your work location moves to a different MSA. However, I have seen Attorney posts which says that USCIS insist on an amended H1 as well. However, neither a new LCA nor an Amended H1 is required if the new job location is in same MSA AND your primary job duties do not change However, there have been cases where there were USCIS workplace visits to the old place, because the employer didn't file amendments. In such cases, USCIS would likely revoke the H1. So, it doesn't hurt and can be very beneficial to file both LCA and H1 amendments. Better safe than sorry... Link to comment
lostpacket Posted March 6, 2014 Author Report Share Posted March 6, 2014 My job location is in different MSA (actually different state). There is no clear guideline from USCIS if amendment is required. Link to comment
Man_oj Posted March 6, 2014 Report Share Posted March 6, 2014 I was in a similar situation in 2012 and my company applied a new LCA and amended the H1B. Link to comment
chakrakr Posted March 6, 2014 Report Share Posted March 6, 2014 However, there have been cases where there were USCIS workplace visits to the old place, because the employer didn't file amendments. In such cases, USCIS would likely revoke the H1. So, it doesn't hurt and can be very beneficial to file both LCA and H1 amendments. Better safe than sorry... It hurts financialy. The employer need to pay Attorney fee (and under certain circumstance this Attorney fee is recoverable from Employee). If site visit is a concern just a letter to CIS should be enough .... just the way a letter is enough when a person changes a job under AC21 (after filing 485). I thought you always claim that the law and only law is what matters :) Link to comment
lostpacket Posted March 6, 2014 Author Report Share Posted March 6, 2014 Thanks Man_oj. Companies should amend H-1B to avoid any risk dealing with USCIS. Link to comment
JoeF Posted March 6, 2014 Report Share Posted March 6, 2014 My job location is in different MSA (actually different state). There is no clear guideline from USCIS if amendment is required. It never hurts and it actually can help to amend the LCA and the H1. Link to comment
chakrakr Posted March 6, 2014 Report Share Posted March 6, 2014 My job location is in different MSA (actually different state). There is no clear guideline from USCIS if amendment is required. By Law , you need a new LCA. The USCIS also insist for an H1 Amendment when there is a new LCA Link to comment
lostpacket Posted March 6, 2014 Author Report Share Posted March 6, 2014 Thanks everyone for replies. My employer is convinced and he is going to do amendment :) Now I also want to start filing green card. If I apply for GC now and this job location will change after few months, do I have to restart the green card process ? Is green card process location specific ? Link to comment
jairichi Posted March 6, 2014 Report Share Posted March 6, 2014 Thanks everyone for replies. My employer is convinced and he is going to do amendment :) Now I also want to start filing green card. If I apply for GC now and this job location will change after few months, do I have to restart the green card process ? Is green card process location specific ? GC process is for future employment and is not location specific other than that the employments has to be in US. Link to comment
JoeF Posted March 6, 2014 Report Share Posted March 6, 2014 It hurts financialy. Hmm, people on H1 make more than what the average American makes. So, it doesn't "hurt financially"... That is just a cheap excuse. Link to comment
JoeF Posted March 6, 2014 Report Share Posted March 6, 2014 It hurts financialy. Oh, and it hurts financially much more if the H1 gets revoked because of a USCIS site visit to the old address. The bottom line: Avoid cheap excuses. It is a good thing to amend LCA and H1. Link to comment
chakrakr Posted March 6, 2014 Report Share Posted March 6, 2014 Oh, and it hurts financially much more if the H1 gets revoked because of a USCIS site visit to the old address. The bottom line: Avoid cheap excuses. It is a good thing to amend LCA and H1. So what happened to your "do by books" argument that you so often preach :) It is a Waste of Time and Money to go for a new LCA and amend H1 (BTW , you should learn there is NOTHING called amended LCA) if one moves within same MSA. If you are concerned about site visit, send a letter to USCIS . Learn the law rather than trying to prove the world wrong. Link to comment
chakrakr Posted March 6, 2014 Report Share Posted March 6, 2014 Hmm, people on H1 make more than what the average American makes. So, it doesn't "hurt financially"... That is just a cheap excuse. First , please cite a source which says "people on H1 make more than what the average American makes" . Second , if "making more money" gives a reason to throw away money , may I ask you for a couple of grands ? Let me know and I will let you know where to mail the check. I guess you must be making a lot of money :) Bottomline -- go by books .... the books say one DOES NOT need a new LCA and/or H1 Amendment if the work location changes in same MSA. Link to comment
t75 Posted March 7, 2014 Report Share Posted March 7, 2014 GC process is for future employment and is not location specific other than that the employments has to be in US. GC is location specific Link to comment
Attorney_25 Posted March 7, 2014 Report Share Posted March 7, 2014 GC process is for future employment and is not location specific other than that the employments has to be in US. A qualified attorney will set up the labor certification properly to cover for a situation of regular job location changes. Link to comment
JoeF Posted March 7, 2014 Report Share Posted March 7, 2014 GC process is for future employment and is not location specific other than that the employments has to be in US. But the LC may specify a location, and the prevailing wage may be tied to a particular location. The normal way for people who move around a lot is to set up the LC for "unforeseen locations." Link to comment
chakrakr Posted March 7, 2014 Report Share Posted March 7, 2014 Oh, and it hurts financially much more if the H1 gets revoked because of a USCIS site visit to the old address. The bottom line: Avoid cheap excuses. It is a good thing to amend LCA and H1. Are you saying this is not a country of Law ? Are you saying that if one follows the law, the H1 will be revoked ? Come clear ... one should follow the law or not ? No excuse please :) Link to comment
jairichi Posted March 7, 2014 Report Share Posted March 7, 2014 But the LC may specify a location, and the prevailing wage may be tied to a particular location. The normal way for people who move around a lot is to set up the LC for "unforeseen locations." So basically the LC application is worded in a way that it would cover different or all locations in US. Is my understanding correct? Link to comment
JoeF Posted March 7, 2014 Report Share Posted March 7, 2014 So basically the LC application is worded in a way that it would cover different or all locations in US. Is my understanding correct? Yes. Link to comment
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