H1B Visa Stamping@Vancouver May17th Client Location Issue

[hightide342]

Hi,

I have visa stamping at Vancouever on May 17th 2013. I have all my documents sorted out, thanks to Murthy forum people. I have the following situation :

I had been working for a Client for 3 years on EVC model. For 2.5yrs the Client location was at a different place A. The Same client changed the location to B ,as the Lease of the building expired. my h1b was filed with the LCA location A. I have got my New LCA for location B. All my Client Letters , vendor letters and DS-160 document have new address mentioned in it. Do i need to file a H1B Amendment as i have my new LCA ?? My attorney says i should be fine in this case as the locations are just 13 miles apart. is my Attorney or this would be a risky affair which needs to be fixed before attending Visa Stamping?

Can anyone please let me know what would be the right thing to do, as i have just a week left for my Visa stamping@ vancouver.

[rahul412]

I think your attorney is correct, but not sure.

I myself doesn't understand when a petition needs amendment.

[pjagadish86]

It never been answered correctly with same client and few miles location changed. Every one has thier own view and my friend was approved with above senerio no ammendment. And finally its your part to convience VO about ammendment, and go through forums and make decision. The choice yours.

[Sreeeni]

Hi,

I have visa stamping at Vancouever on May 17th 2013. I have all my documents sorted out, thanks to Murthy forum people. I have the following situation :

I had been working for a Client for 3 years on EVC model. For 2.5yrs the Client location was at a different place A. The Same client changed the location to B ,as the Lease of the building expired. my h1b was filed with the LCA location A. I have got my New LCA for location B. All my Client Letters , vendor letters and DS-160 document have new address mentioned in it. Do i need to file a H1B Amendment as i have my new LCA ?? My attorney says i should be fine in this case as the locations are just 13 miles apart. is my Attorney or this would be a risky affair which needs to be fixed before attending Visa Stamping?

Can anyone please let me know what would be the right thing to do, as i have just a week left for my Visa stamping@ vancouver.

My employer did my H1 B Amendment since my client location moved from one county to the other. Not sure about the seriousness during the visa stamping

[hightide342]

Thanks all for your replies! really appreciate your help!!

I have been doing lot of research on this, looks like few other forums says that the Location change(W.r.t same Client), if in the Same MSA (Metropolitan Statistical Area) or same county then No amendment is needed. However, if we change the Client then H1B amendment is needed. LCA is for Employers Book keeping as per my knowledge, whereas to notify USCIS of any change in the H1B Petition would lead to Amendment (Not Sure if this is really true in my case).

Many post says, during stamping VO checks/compares the address in I-129 and Current Client letter. In my case even though i dinn change my client from past three years, the address on both docs will be different. Not sure how would i be able to take a stand for any question posed for this address difference, apart from few Client emails which notifies the Location Change.

Currenly I don't have h1b amendment done for Client location change from A to B. The Question still remains is Whether i go with my New LCA or the Old LCA(which has Same client old address) in this case? Do we technically need to file a New LCA for Commutable distance Same client location change?

[pjagadish86]

Currenly I don't have h1b amendment done for Client location change from A to B. The Question still remains is Whether i go with my New LCA or the Old LCA(which has Same client old address) in this case? Do we technically need to file a New LCA for Commutable distance Same client location change?

Seriosuly with old LCA?

[hightide342]

@pjagadish86 : When i mean the Old LCA it means the Same client's previous location ( it is valid till 2014). The new LCA will be for 13 miles apart new location of the same client. This would come under same MSA. Below is what i got:

Question: Is an employer who has already filed an LCA required to submit a new LCA if it changes its permanent business location, but remains within the same

Metropolitan Statistical Area (MSA), i.e. within the same area of intended

employment?

Answer: If the new permanent business location is a place of employment within the

meaning of 20 CFR 655.715 that was not contemplated at the time of filing, and the

employer permanently relocates its nonimmigrant worker(s) to the new business

location, the employer must post electronic or hard-copy notice(s) at those worksites on

or before the date the H-1B nonimmigrant begins work. In addition, the employer may

file a new LCA to reflect the new place of employment.

I then referred this http://*********** for 20 CFR 655.715 which i understand is that new LCA is not needed in Commutable Distance.

I spoke to the attorney he had also mentioned the same thing saying that technically we don't need to file a new LCA under same MSA region. But if filed, then there may be a need to amend the h1b petition.

[pjagadish86]

How about VO verifies your current location from client ? What s yours answer when client says working so called" 13 mile location"? Defers from old LCA ? If you have answer your good!!

[hightide342]

@pjagadish86 : My Client letter Shows the Current Client Address. Even if the VO verifies with my client he will get the same new Location address. I have all Supporting emails from Client regarding the Location change due to lease expiration, My Cube assignment emails and Start date on new Location. AFAIK i'm not hiding anything here with VO. I'm clearly stating that my Client Location has Changed and it is In acceptable MSA region with Same County. If the County is same the prevailing wages remain same, my job duties and responsibilities are same, Client is same.

The Only thing i wanted to Clarify was that do we really need a new LCA if we are in same County and in Same MSA region? My Attorney Says No, but i'm not sure what the reality of regulations is in this case.

[rkatta]

My husbands interview was today. Same issue with Client address. The new address was just 1 mile away. So LCA was not updated. He gave all the explanation. Gave a print out of Google maps with miles difference. Nothing worked. They just wanted to verify the case. Took passport, LCA, client letter and maps.

[hightide342]

@rkatta : Can You please let me know what exactly the case was? Did he Change to a new Client or the Client was same and just the location of work site was a mile apart.

[sthamago]

@pjagadish86 : My Client letter Shows the Current Client Address. Even if the VO verifies with my client he will get the same new Location address. I have all Supporting emails from Client regarding the Location change due to lease expiration, My Cube assignment emails and Start date on new Location. AFAIK i'm not hiding anything here with VO. I'm clearly stating that my Client Location has Changed and it is In acceptable MSA region with Same County. If the County is same the prevailing wages remain same, my job duties and responsibilities are same, Client is same.

The Only thing i wanted to Clarify was that do we really need a new LCA if we are in same County and in Same MSA region? My Attorney Says No, but i'm not sure what the reality of regulations is in this case.

Have you got your Visa approved or not?