Urgent - 221G - LCA not for Client Location

[kaiku-gc-kaiku-america]

Hello,

I went to Chennai U.S. Consulate for an H1B Visa Stamping interview.

They refused (221g for client location rather than employer location) the visa stamping due to the LCA not matching my client location in Northern Virginia.

My Employer & Client - both are in the Maryland-WashigntonD.C.-Virginia area. So, our company's attorney submitted an appeal letter indicating that the current LCA (with Employer Address) will/can be used for the client location.

After submitting the appeal letter & passport, the VO returned the passport with another 221G requesting the LCA for client Location. They also indicated that it is a second request for proper documentation.

Now, my questions:

1. What are my chances of getting out of this hassle with a stamped H1B visa?

2. How should I convey/affirm/push my employer to submit for a new LCA with the client location?

3. If they requested for a new LCA, what all amendments can I expect to my H1B Visa?

4. What is the layover/ time estimate to fix all this mess?!

Thanks for any help!

[NewH1-B]

You have to do an amendment changing the client location address. mentioning the correct location and you will get a new LCA. Am not sure about time if you expedite the process it should take about 2 weeks.

[rahul412]

Now, my questions:

1. What are my chances of getting out of this hassle with a stamped H1B visa?

2. How should I convey/affirm/push my employer to submit for a new LCA with the client location?

3. If they requested for a new LCA, what all amendments can I expect to my H1B Visa?

4. What is the layover/ time estimate to fix all this mess?!

1.Can't say. If you real want to get out of it ASAP, then fine FTE

2.It's employer responsibility to file amendment. If he is not willing to do, then forget H1

3.I guess you should, that's what the VO is asking for.

[hyd12]

1.Can't say. If you real want to get out of it ASAP, then fine FTE

2.It's employer responsibility to file amendment. If he is not willing to do, then forget H1

3.I guess you should, that's what the VO is asking for.

You need to do amendment thats the solution

[rahul412]

You need to do amendment thats the solution

To be frank, amendment has to be done before the interview itself if the employer has followed the immigration rules. But in this case, employer didn't.

I think its better for OP to find another employer who follows the immigration rules.

[kaiku-gc-kaiku-america]

Thank you very much for your replies.

The VO informed me that my visa is approved but my employer needs to provide the LCA for the client location in order to get the stamping. VO cleared mentioned that new LCA is the only required document. Nothing about the amendment of petition was implied.

Also, the H1B approval was received based on an LCA with my employer's address rather than the client's. I was already working at the client location when the H1B was filed.

Moreover, since the time of the LCA & H1B Petition filing, my wages increased due to a raise.

Would this still mean an amendment of H1B petition?

[rahul412]

Would this still mean an amendment of H1B petition?

Any MATERIAL change in the petition needs amended.