Amendment or LCA?


dnsh88

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I have a stamped H1B visa applied on April 2014 and have not yet traveled i.e. still in India.

There is no change in my client but I am being requested to work at Florida. When LCA was filed it was Illinois. Also my job description was Computer Programmer at the time visa was applied but after travelling I would concentrate more on Database Administration but involves Computer Programming as well.

So in my case it is a location change + job description change. My Job description change is from 15-1131 to 15-1141 both under Computer and Mathematical Occupations and both requires the same academic background.

 

Will it call for a Amended Petition or filing a LCA would suffice?

Also is it ok to travel to US by filing an LCA and then request for job description change.?

 

Please provide ur opinions and suggestions.

 

 

 

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 I heard if there is only Location change and if Client is same , LCA would suffice.

In my case, shall i travel with Computer programmer role and after working for say 6 months apply for amendment in job description. 

That's only if its within the MSA.

In your case, you are moving from one state to another, so you need amendment.

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Then that's called H1 transfer, not H1 amendment. But in both cases, they have to file a new H1 but cap exempt.

Thanks for the reply.If the city and State remains but in a more experienced role will that require H1B amendment or the existing petition can be used?.Quick reply would be appreciated.

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  • 1 month later...

Any material change in the existing LCA needs a refiling of the H1 petition.

If H1B transfer or H1B Amendment is made within the validity period of H1B,but the processing time exceeds the validity period.In this case will there be any concerns? Is changing the employer a good idea?

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