H1B amendement and LCA not filled... Need Help

[karanbahl]

Hi

I need some help regarding my issue. When my H1b was filled I was working for a client in PA. However in 2010 Oct I moved to CA. My job responsibilites did not change however my location changed. When I moved to CA, my lawyer and I didnt realize that we need an H1B amemedement or/and a new LCA. Now I am going to file H1B extension as my H1B is expiring in Aug 2013.

Now I wanna know what should are my option as I did not file an H1B amemedement or/and a new LCA.

Let me know.

Thanks

[rahul412]

Amendment is must if you are attending visa interview.

[karanbahl]

Thanks for the reply

I am not attending visa interview, I am just applying for an extension for now..will there be an issue getting an H1B extension.

[wiweq]

"I am just applying for an extension for now..will there be an issue getting an H1B extension. "

=> For any extension, COS, USCIS needs to make sure currently you are in valid status. If the current H1b is not in good shape, it may create problem when they will verify your current status.

[rangadu]

You will have to apply for a new LCA anyway for your extension. Apply for an LCA with the new location, and with new client info/letters etc., apply for your H1 extension, and hope USCIS doesn't ask too much about your lcoation for the past couple of years. In most cases they wont, but sometimes they do.

You can't go back and change the fact that you did not apply for the amendment in 2010. Talk to an immigration attorney about your specific case, if you are concerned.

[rahul412]

Thanks for the reply

I am not attending visa interview, I am just applying for an extension for now..will there be an issue getting an H1B extension.

May be, not sure.

[chtummala]

Amendment is must if you are attending visa interview.

hmm it is law that you have to amend your h1b for material changes ..

but it is majorly enforced at the time of visa interview ..

ICE has authority to verify your presence at work location with out any notice ..

[t75]

Your employer needs an attorney to handle immigration matters since he is not doing things correctly. Let the attorney handle everything and advise you.

[karanbahl]

I did talk to my lawyer and we are filling a LCA for the new location and then another LCA for my H1B extension as well..

Hopefully that doesn't create a issue...Fingers crossed....

Thanks guys...