Do we need new LCA if changing client while working for same employer?

[AshutoshM]

Hi,

 

My current assignment will be over soon, and I have found new project with new client. I will be working for same employer. Travel distance to new client as well travel distance between two client places are within 50 miles.

 

Do I need a new LCA?

 

Thank you.

 

[jairichi]

Hi,

 

My current assignment will be over soon, and I have found new project with new client. I will be working for same employer. Travel distance to new client as well travel distance between two client places are within 50 miles.

 

Do I need a new LCA?

 

Thank you.

New client means H1B amendment is required.

[rahul412]

I think yes.

[JoeF]

Yes.

[chakrakr]

It depends.  By law ,  a  new LCA  is required ONLY if your new work location is outside of normal commuting distance.   Commuting distance is subjective.   For example,  in places like Boston or NYC 50 miles commute is normal  but in some obscure location it might  be 20 miles.       Normally cities in same MSA are considered  within commuting location. 

[jairichi]

Doesn't a new client means H1B petition has to be amended?

[chakrakr]

Doesn't a new client means H1B petition has to be amended?

 

Should not be.   H1 is employer dependent ... not client dependent.   Your employer is same,  your job duties are same  , so there is no material change.. why amendment ?

[rahul412]

It depends.  By law ,  a  new LCA  is required ONLY if your new work location is outside of normal commuting distance.   Commuting distance is subjective.   For example,  in places like Boston or NYC 50 miles commute is normal  but in some obscure location it might  be 20 miles.       Normally cities in same MSA are considered  within commuting location. 

But I have seen lot of cases where  H1 was after site visit because that applicant was not working at that location anymore.

[chakrakr]

But I have seen lot of cases where  H1 was after site visit because that applicant was not working at that location anymore.

 

Read this ....  http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/Static%20Files/AILA-Committee-Meeting-Oct13.pdf      question 13.     Also  read 20 CFR 655.715.

 

If site visit is a concern,  send a letter to USCIS ....just the way you send a letter when you move  to a different employer after filing 485 (AC21).  

[JoeF]

But I have seen lot of cases where  H1 was after site visit because that applicant was not working at that location anymore.

Yes.

That's why it is always a good idea to amend the LCA.

[chakrakr]

Yes.

That's why it is always a good idea to amend the LCA.

 

1) There is NOTHING called Amended LCA.  I have explained it earlier too.

 

2) An LCA  DOES NOT inform USCIS about the location of H1B employee -- an H1 petition does

 

3) I remember someone saying -- only law matters ..... may be I am wrong :)

[rahul412]

Read this ....  http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/Static%20Files/AILA-Committee-Meeting-Oct13.pdf      question 13.     Also  read 20 CFR 655.715.

 

If site visit is a concern,  send a letter to USCIS ....just the way you send a letter when you move  to a different employer after filing 485 (AC21).  

Thanks for the info. But why H1's are revoked after site visit?

[JoeF]

Thanks for the info. But why H1's are revoked after site visit?

 

If the person doesn't work where the H1 says they are working, then the H1 is no longer valid, hence the revocation.

They do site visits quite a lot nowadays.

Have the LCA amended.

[JoeF]

1) There is NOTHING called Amended LCA.  I have explained it earlier too.

 

2) An LCA  DOES NOT inform USCIS about the location of H1B employee -- an H1 petition does

 

3) I remember someone saying -- only law matters ..... may be I am wrong :)

The place of employment is listed on the LCA.

And of course USCIS gets to know that.

[rahul412]

No fighting please, all I want to know is that when USCIS has mentioned that no need of amendment (according to that pdf) then why the same USCIS revokes the petition after site visit when that employee is no more working at that location?

[chakrakr]

Thanks for the info. But why H1's are revoked after site visit?

 

If USCIS is not informed about the change of location  and they do not find the person in the location,  they will first issue an NOID.   The NOID can be replied if the person is working in a different location in the same MSA.   However,  if the person is on unpaid  bench  OR the person is working  outside the MSA the H1 will of course be revoked. 

 

FYI,  my employer moved to 4 different location (no consulting though) throughout my H1 duration .   The company attorney said no new LCA/H1 amend is required  ... the only requirement is to post LCA for 10 days in new place of work.   I took a second opinion through a paid consultation with Attorney Murthy. 

[rahul412]

If USCIS is not informed about the change of location  and they do not find the person in the location,  they will first issue an NOID.   The NOID can be replied if the person is working in a different location in the same MSA.   However,  if the person is on unpaid  bench  OR the person is working  outside the MSA the H1 will of course be revoked. 

 

FYI,  my employer moved to 4 different location (no consulting though) throughout my H1 duration .   The company attorney said no new LCA/H1 amend is required  ... the only requirement is to post LCA for 10 days in new place of work.   I took a second opinion through a paid consultation with Attorney Murthy. 

So how to inform USCIS about this work location change??

[JoeF]

So how to inform USCIS about this work location change??

 

With an amendment of the LCA and/or H1.

Sending some arbitrary letters to USCIS would be an exercise in futility, such letters are ignored.

AC21 is a whole different thing, it is another process.

And one particular person's situation has no bearing on the general case. That particular person hasn't gotten that yet, unfortunately.

[chakrakr]

With an amendment of the LCA and/or H1.

Sending some arbitrary letters to USCIS would be an exercise in futility, such letters are ignored.

AC21 is a whole different thing, it is another process.

And one particular person's situation has no bearing on the general case. That particular person hasn't gotten that yet, unfortunately.

 

Show us the law that says a new LCA (AGAIN NOTHING CALLED  AMENDED LCA)  and or H1 Amendment is required for a move in same MSA ...... I have cited mine now it is your turn.

 

If letters are ignored  by USCIS   they must be ignoring AC21 letters too ...  right ?

[chakrakr]

With an amendment of the LCA and/or H1.

Sending some arbitrary letters to USCIS would be an exercise in futility, such letters are ignored.

AC21 is a whole different thing, it is another process.

And one particular person's situation has no bearing on the general case. That particular person hasn't gotten that yet, unfortunately.

 

I have cited the LAW which says moving to a different job site in same MSA    do NOT require a new LCA (once again NOTHING called LCA Amendment)    .  

 

If you dispute ,  you should be able to cite a LAW which negates this ..... till then   .... sorry but your words are not LAW.

 

If letters are ignored by USCIS ,  they must be ignoring AC21 letters as well ... right ?

[JoeF]

I have cited the LAW which says moving to a different job site in same MSA    do NOT require a new LCA (once again NOTHING called LCA Amendment)    .  

 

If you dispute ,  you should be able to cite a LAW which negates this ..... till then   .... sorry but your words are not LAW.

 

If letters are ignored by USCIS ,  they must be ignoring AC21 letters as well ... right ?

 

You have not cited any law.

You have cited some notes from an AILA conference meeting. BIG difference. But obviously, you don't understand the difference.