Checking LCA during AOS


AOS485

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Hi,

I am planning to file AOS this month since my PD is current. Here is my Details:

Last entered to USA on May 2006 in L1 Visa through EmpA and i haven't gone out of USA since then.

Filed H1b through another company (EmpB) and working for same since Jan 2007 till date.

EmpB is located @ VIRGINIA

; My Client Location & My Residence is CALIFORNIA from Jan 2007 till date.

H1b of EmpB : From Oct 2006 to Sep 2009; LCA(Oct 2006 - Sep 2009) - "work location" mentioned in LCA is WASHINGTON DC and "Additional/subsequent work location" is CALIFORNIA.

H1B extension EmpB (same employer) : From Oct 2009 to May 2012 ; LCA(10/1/2009 - 9/30/2012) - Work Location was WASHINGTON DC. Later, LCA Amendment (4/2/2010-5/6/2012) wad done with Work location CALIFORNIA.

Here are my questions:

1.Was it legal to work at "Subsequent/Additional work location" (CALIFORNIA) instead of "work location" (WASHINGTON DC) the entire time?

2.Can USCIS Raise RFE for H1B-LCA Violation during AOS?

3.If so, Can i fight saying that "LCA should be taken care by the employer. I had no clue about it"?

Thanks.

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I think you will be fine. My case also almost similar to you. In anyway we analyze the case, at this point, we cannot do anything. Just file the AOS.

My company is in Philly and GC is processing from Philly company location too. But I am in California since I started in this company (May 2007). However, my attorney mentioned primary work location as California (not additional or subsequent, which is blank) in LCA applicaiton. I filed my AOS in December and is pending.

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I think you will be fine. My case also almost similar to you. In anyway we analyze the case, at this point, we cannot do anything. Just file the AOS.

My company is in Philly and GC is processing from Philly company location too. But I am in California since I started in this company (May 2007). However, my attorney mentioned primary work location as California (not additional or subsequent, which is blank) in LCA applicaiton. I filed my AOS in December and is pending.

Thanks "Member_2004" for your response. When you attorney mentioned primary work location as California? Is it in the new LCA or the LCA from beginning itself? Did you ever travel outside of USA before you filed AOS?

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