Old LCA (H1B)...issue for future I-485


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Hello Everyone,

My PD (DEC 2008) is potentially a long way away from being current. However I have discovered a potential issue which I may face during I-485.

I came to US on L1 in DEC-2004. Did a H1B-COS in 2006 and started working for the H1B employer from OCT-2006.

At that time, I was unaware of all these immigration terminologies and just went with the flow.

My LCA was filed for the location where my employer is located. Then in Mid-JAN 2007 I went to a new client location in another state. New LCA was not filed at that time (I was not even aware of what LCA was...my bad).

My H1B extension was filed in 2009 and it had the correct LCA for my client location.

Another H1B extension was filed this year (2011) and it also has the correct LCA for my client location.

So, I do not have correct LCA from Mid-JAN-2007 until SEP-2009.

I understand that this would be a potential issue during I-485.

Could someone please explain what could be the issue and what are my options?

PS. The H1B employer has been the same since OCT-2006. I work for a consulting firm and have E-V-C model.

I last went to India in APR-2008.

Since my extension in SEP-2009, I have been avoiding going to India because of potential issues with Stamping.

Looks like I have no choice but to go to India before I file I-485.

Is there no option to show that the issue was caused by Employer negligence?

Would appreciate if any murthy attorney or anyone who understands this can give their suggestions.


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Talk to a good lawyer. It does appear that you may have been out of status from your entry to your new LCA filing. Nothing you could have done about it, since it's employers petition. Maybe the USCIS will be interested in that... or maybe not.

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