complex situation, need suggestions


bhushanb

Recommended Posts

Hello Forum Members,

I have an unusual situation and would really appreciate inputs from all.

I joined a well known and well established company in location A as a New Colllege Graduate, and my H1B Petition was filed for Location A. After a few months I was asked to Temporarily Relocate to Location B.

My Manager and myself weren't aware that we needed to get my LCA and H1B Amended. Recently I got my H1B approved and I planned to visit India. With just a few days away from my travel, I received an email from the Attorney that my LCA and H1B needs to be amended.

I spoke to the Attorney and he was concerned that I might face issues because I have Work Auth for Loc A but not B. He did not mention what issues I could face though. He mentioned that if the Officer at Consulate asks me my work location, I should mention Loc A and if the Officer finds out about Loc B then I should say I make frequent trips to Loc B and LCA is being amended for this purpose.

But, in my latest Payslips, though Loc B is nowhere mentioned, and my residential address is still mentioned as Loc A. Due to Relocation, State Tax for Loc B has been withheld, and not Loc A. Could this come under scanner?

Is there a solution I could use to avoid any issues?

If the officer objects to this, what are the issues that could arise, and how to deal with it?

For personal reasons I cannot delay my Travel to India, and I would really really appreciate if someone can give me some suggestions. Thanks in advance

Link to comment

Generally, any time there is a material change to the terms and conditions of the H1B petition, an amended petition must be filed. USCIS and DOS take the position that a change in work location is a material change which requires an amended petition. Please schedule a consultation with a qualified immigration attorney to discuss the risks of applying for a visa at a U.S. consulate abroad without an amended petition, as well as any potential status issues you may be facing in the U.S.

Link to comment

Archived

This topic is now archived and is closed to further replies.