Missed LCA

[RK2423]

Hi,

My employer missed to file LCA when I moved from Client A to Client B. I am working with Client B for past 4 months and we noticed that we never filed an LCA for location change. we are going to file LCA and H1B Amendment now for the client/Location change with delayed LCA.

Attorney informed that I may have to potentially travel out as I started working before filing LCA and H1B amendment if USCIS notices.

P.S. Visa is valid until 2018.

I-94 is valid till Dec 2016 

I am on my employer's payroll.

what would be the consequences?

[rahul412]

Your employer answered your question. You might travel out and enter on H1.

[RK2423]

Thanks. could you provide more info on this?

what do you mean by travel out and enter on H1?  I have to reapply for H1B and go through all the process again? (like lottery,visa interview and all)?

[rahul412]

6 hours ago, RK2423 said:

Thanks. could you provide more info on this?

what do you mean by travel out and enter on H1?  I have to reapply for H1B and go through all the process again? (like lottery,visa interview and all)?

Once your H1 amendment is approved, if you get new I94 with it then you're safe, if not then you need to cross the border and enter into US with new I94. If you have valid H1 visa then no need of attending visa interview.

[kafak100]

Hi, my employer also missed filing LCA when I moved to new client/location and now we got an RFE for H1b extension to explain the same.

Please can you let me know how was your case resolved?