H1B Amendment - Location Change

[Amanpreet]

Hello,

 

I have got my VISA stamped in December with LCA for Cary NC. I have not travelled on H1 yet. Now my LCA is posted and certified for Frisco, Texas location. My employer being the same. I also came to know that from 9th April 2015, it needs a H1B Amendments. My queries are :

 

1. The project is LIVE, is it possible for me to go to Frisco, Texas and file the amendment there ?

2. Do it need to redo my LCA for Cary, NC and then file LCA again for Frisco Texas with H1B Amendment ?

3. Can I file the H1B amendment here in India and travel to Frisco, Texas with file number ? As I already have a valid H1B petition and LCA for Frisco, Texas.

4. So, LCA to Cary or H1B Amendment which would be faster ?

[jairichi]

1. No. Amendment has to be approved before you travel.

2. Since your LCA is certified with Frisco, Texas there is no need to do it again.

3. Refer 1.

4. Amendment is mandatory and it is not an option.

 

If employer needs you that urgently then ask them to file it in premium processing and you will get a decision by 15 calendar days.

[Amanpreet]

Thanks jairichi.

 

At point number 2 I need to say that as my original petition is file for Cary, NC and now if I again get my LCA for Cary, NC, will I be able to travel to Cary NC, as I will be having both - LCA for Cary, and H1B approved petition for Cary, NC.

 

Also, as my LCA posting is already done for Cary once do I need the posting again ? recently It got changed to Frisco TX.

[jairichi]

Thanks jairichi.

 

At point number 2 I need to say that as my original petition is file for Cary, NC and now if I again get my LCA for Cary, NC, will I be able to travel to Cary NC, as I will be having both - LCA for Cary, and H1B approved petition for Cary, NC.

 

Also, as my LCA posting is already done for Cary once do I need the posting again ? recently It got changed to Frisco TX.

As long as LCA and H1B petition is valid for Cary, NC you are fine. I do not think a new LCA overrides the previous valid one. I am not 100% sure about this. Kindly check with your attorney or wait for other's response.