Does every reason for new H1B LCA need amendment as well?

[work2live123]

I see for below of one options , a new LCA is filed 

change of employement

Change  of employer 

amendment

change in concurrent employement

chnage of employment with same employer 

ect., 

question: if an LCA is filed for one of the above reasons , H1 amendment should also be done ?  

In other words, are there situations where only LCA is filed but no amendment is needed? 

Ex: for change in client under same MSA  - LCA needed but amendedment  not needed ? Is it true ? 

 

Edited February 3, 2019 by work2live123

[work2live123]

Any idea on this? 

[immijam]

As a matter of law, anytime a new LCA is filed you need amendment. If a site change within the same MSA occurs, based on all other factors constant, like pay, title, etc., you may choose not to file a new LCA to avoid amendment, but this is very sketchy area because in case of a site visit, rfe, travel/POE, I-9 compliance, etc, a lot of unforeseen complications may arise. Most employers will file a new LCA irrespective (whether you like it or not). 

[luck2u]

@work2live123: Any material change from existing approved petition required LCA and H1B Amendment filing with USCIS. Few employers/attorneys will get LCA approval if the change is within MSA but when you plan to go out of country, the same employers/attorneys advise to file H1B Amendment though it is not filed immediately after your new LCA is approved & before you start working in new place within same MSA.

[work2live123]

Thanks for the reponse. My employer did not file an LCA and amendment(since my client change is within MSA) even after asking to apply one after letting them know about my travel plan. Hence this confusion and question. I have 10 days for stamping. Can anything be done now? 

[luck2u]

@work2live123: Not to scare you, just try to get atleast LCA approval by these 10 days and give a luck as your employer is not willing to file Amendment. Good Luck!! Please post this thread about your visa interview experience.

[work2live123]

Hi, I was in exactly in the same situation during feb 2019. I moved from client A to client B writhing same MSA. My employer believed an LCA update not an amendment was required untill I came with a travel plan for stamping.and by that time it was already 6 months I moved to this client B. 

They all of a sudden said  that LCA/amendment is needed since I was going travel out of country. I was confused, and consulted Murthy law firm attorney, they mentioned as per Simos rule(check online fir more info )  , if client change is within same MSA , LCA update  or amendment was not needed, and the consulate officers are mostly aware of this rule. however in the current situation  it totally depends on the VO to consider the client change as material change, if he thinks so then  he might raise a concern for not doing an LCA update+amendment and the decision for travel was left to me. 

I took a risk and went to Chennai for stamping with all the required documentation , with my LCA having my old client addresses i.e  client A, and project letter with new client information as Client B. Fortunately my stamping went  fine . There were bunch of questions asked , asked to show my client letter , w2, paystub based on which it was approved. 

WHEN IS A NEW LCA / AMENDMENT REQUIRED FOR H1B?