LCA Update Client Location Change

[dotnetsupt]

I am not much familiar with LCA and H1 status things. 

 

Recently i got H1b  and it starts from Oct 2013. In June 2013 my client location was changed to another place(Same City but address is changed).

 

1. Just Update of LCA is enough??
2. If i need to update can i do in this before October/ I need to wait till October.

 

Please share your advises. I appreciate for your help.

[satya2k1]

If your new client location is in the same MSA,,then you don't need a new LCA.

[dotnetsupt]

If your new client location is in the same MSA,,then you don't need a new LCA.

 

What does it mean ?? 

[rahul412]

If your new client location is in the same MSA,,then you don't need a new LCA.

No that's not correct. If new client is in same MSA then new LCA is req, but if it's not within same MSA then H1 amendment.

 

But these days I heard that USCIS is asking for amended petition even if their is change in client work location.I am not sure here.

[monicagup27]

This DOL website (http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62j.htm), clearly states that new LCA is not required if the work location changes with the geographical location

 

What is the geographic area of intended employment?

The geographic area of intended employment means the area within normal commuting distance of the place (address) of employment, or worksite, where the H-1B nonimmigrant is or will be employed.

 

 

If the employer requires the H-1B worker to move from one worksite to another worksite within a geographic area of intended employment, must the employer obtain an LCA for each worksite within that area of intended employment?

No. The employer need not obtain a new LCA for another worksite within the geographic area of intended employment where the employer already has an existing LCA for that area. However, while the prevailing wage on the existing LCA applies to any worksite within the geographic area of intended employment, the notice to workers must be posted at each individual worksite, and the strike/lockout prohibition also applies to each individual worksite

 

From this I understand that LCA might not be required if the change of work location is within the geographic area of intended employment

[rahul412]

From this I understand that LCA might not be required if the change of work location is within the geographic area of intended employment

'Change of work location' is nothing but material change in the petition and that needs amendment. This was the reply given by an attorney from this forum, but unfortunately I didn't saved that link.

[Attorney_15]

The DOL's rules provide that generally that a new LCA is not needed when the worker moves to another worksite (than the address on the LCA) if the new worksite is either within normal commuting distance or within the same MSA as the original worksite on the LCA. In that situation, the LCA has to be posted at the new worksite but a new LCA is not generally required.

 

If, however, the new worksite is outside of the MSA and outside of normal commuting distance, a new LCA is required. And with the new LCA being posted.

 

If a new LCA is required, then USCIS's position is that an Amended H1B Petition is necessary. Why? Simply because the wage required is generally affected by a change in location and because the LCA filed with them is no longer valid (since the worker is using a new LCA). In the past, USCIS considered it acceptable if the new LCA was obtained. However, quite commonly when USCIS discovers a change in location, they consider it a failure to comply with the law when there is a new LCA and no Amended H1B Petition.