H1-B refused due to incorrect location on LCA

[sdileeep]

Hi,

My wife's H1-B got refused today from the Chennai consulate and the reason stated was due to incorrect work location in the LCA document. Her primary work is in Denver and her company is headquartered in Virginia. When the employer filed for H1B they gave Virginia as the work location.

The consular has requested to get the following documents and resend to the VFS office in chennai.

1) Updated / Corrected LCA document.

2) Copy of the petition with all supporting documents as filed with USCIS.

Can you please clarify on the following :

1) Will it be possible to modify the LCA document ?

2) How long does the process take ?

3) When we resubmit all the data, since the consular has not requested to appear in person , what are the chances of getting H1-B approved.

Please guide with all the possible information to get the H1-B approval.

Thanks,

Abhinav

[txresearcher]

Looks like the consulate is giving a chance to correct the error. File the amendment immediately and send it to VFS. Good luck.

[rahul412]

Can you please clarify on the following :

1) Will it be possible to modify the LCA document ?

2) How long does the process take ?

3) When we resubmit all the data, since the consular has not requested to appear in person , what are the chances of getting H1-B approved.

Please guide with all the possible information to get the H1-B approval.

RFE is nothing but LCA amendment. This is done by her employer, and it take 5 to 10days usually.

[Attorney_11]

The LCA which accompanies the H1B petition must have been certified prior to filing. This requirement, in many cases, cannot be fulfilled, resulting in an H1B petition being deemed revocable and revoked. It may help to schedule an appointment with a qualified immigration attorney to discuss personal options.

[Aarav27]

The LCA which accompanies the H1B petition must have been certified prior to filing. This requirement, in many cases, cannot be fulfilled, resulting in an H1B petition being deemed revocable and revoked. It may help to schedule an appointment with a qualified immigration attorney to discuss personal options.

Please correct me if I am wrong, LCA should mention the same location wherever your client (work location) is. It doesn't matter if your employer (company) office is in a different state. Right?

[itisme]

@Sharma27:

Yes that is correct. The LCA can also mention the employer location but in addition will state other location where the person will be working, which is the client location

[Attorney_11]

Correct. The work location listed in the LCA should be for the actual work location contemplated when filing the H1B petition.

[sdileeep]

Thanks to All for you reply.

1. Her company filed for the LCA and the attorney said , the process will take 5-10 days.
   

The consular has advised to send the documents to the VHS , and no need to appear in person. So does that mean after getting the updated LCA , she could get the H1-B stamped ?

Thanks,

Abhinav.

[gandhajagan]

Abhinav, what is the status of your wife's H1 application? How did it go?