H1B- No LCA/H1 amendment for new location, traveling back to US

[paulc]

Hi,

I was working with employerA for location A. This was my first visa and has a validity till Sep 2013 in my passport.

Then I moved to Employer B. They are based out of Location B and my H1 transfer was done for location B. LCA and I-129 was done for employer head office at location B. This visa is approved only till Nov-2012.

But I was asked to join their client, at location C [ a completely different state] from the very first day.

They had told me like they will initiate a new LCA, but they didn't do.

All my pay stubs, driving license etc is having my client location as the address.

And last month I travelled back to my country on a vacation.

Before traveling it was found that I don't have an LCA for my client location, and they filed one for me. But it is being more than 180 days that I have been working at this client location without an LCA or H1B amendment.

Right now I am at my home country on vacation, and I want to know if it is legal for me to travel back to US? What will happen at Port of Entry?

Will they de-port me? Do I need to get the H1 amendment approved before traveling back? Do I need to go for visa stamping after that?

Please help me, as I am not getting much support from my own company legal specialists.

Regards,

Paul

[wiweq]

Seems your employer is not aware of H1b regulations. LCA update should be initiated before the effective dat. You need to complain against your employer using WH4 form on you state's DOL website. Use all emails, documents to show that you were aware of H1b regulations but your employer is not following H1b laws. Generally, they don't ask for LCA at POE, but you never know.