Same client with change is address

[sdoshi]

Hello,

I am working for a client since 2010 and now they are shifting 12 miles away from current location beginning Feb15

Do I need to file:

A. New LCA?

B. New Amendment?

I will be going for visa stamping this year but I am unsure what is required.

I believe LCA change is sufficient which is what I read somewhere but not sure

Please advice

[Attorney_25]

It is possible that the existing LCA will be valid for the new location. If it is, an amendment may not be required. This is a grey area and currently USCIS is not hardline on it, but they do keep promising to create a more clear policy on it in the future. You may find many of the consulates are hardline, (improperly) requiring amendment where USCIS doesn't. I recommend that you have your attorney review the specific facts of your case.

[sdoshi]

soem lawyers say you should some say DO NOT...not sure what is the right thing to do. My facts of case are stated in this post ; new amendment for 12 miles relocation? they saw new LCA is a must due to change in address but amendment???

[sdoshi]

some lawyers say you should some say DO NOT...not sure what is the right thing to do. My facts of case are stated in this post ; new amendment for 12 miles relocation? they saw new LCA is a must due to change in address but amendment???

[Attorney_25]

It's not an issue of distance unfortunately - it's an issue of "metropolitian statistical area." In the same MSA, it is my position that a new LCA is not required, as I have studied this issue closely. However it may be a good idea anyway for various reasons. Therefore, if you have a chance to file a new LCA, then do it. Amendment also is not required, but also may be advisable for various reasons - especially if you are going to a consulate like those in India, which create requirements that don't exist in the law.