Himanshu2683 Posted June 20, 2015 Report Posted June 20, 2015 Hi, I am planning to travel to US next week on H1B. I will first visit my employer at their head quarters at location X and then they will send me to the client location A for work after a couple of days. As this is my first visit to US, I am unaware about the immigration procedures(my POE is Chicago). My question is that since I do not have the updated LCA with change of work location to client location A (My employer will provide all the documents when I visit them), Will this pose any threat at the port of entry during the immigration procedure?I heard that at POE chicago is very strict comparatively. Please advice. Regards Himanshu2683
jairichi Posted June 20, 2015 Report Posted June 20, 2015 If your work location is different from what is mentioned in LCA and I-129 your employer has to file a new LCA and get H1B petition amended. Without that approval you cannot enter US. If caught at POE you might be refused entry. More than trusting your employer talk to a good immigration attorney.
victor_26 Posted June 21, 2015 Report Posted June 21, 2015 You will need to have an H1B amendment filed on your behalf before you travel to client site, incase the client location that you are going to work is not within the same MSA as the location mentioned in your most recent H1B Petition that has been approved. http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision
Himanshu2683 Posted June 22, 2015 Author Report Posted June 22, 2015 Thanks for the reply My employer has filed for new LCA. However, I will not be able to get the new LCA before I fly. The current LCA has location X mentioned in the additional work place. So can I travel to the additional work place mentioned in the LCA? I am currently working in my employer's India office. I am going to join my employer's US office where I need to complete my joining formalities. After completing my orientation, I will be assigned a project in work location A which will be mentioned in my new LCA. Will I be able to enter US in the above scenario?
jairichi Posted June 22, 2015 Report Posted June 22, 2015 Thanks for the reply My employer has filed for new LCA. However, I will not be able to get the new LCA before I fly. The current LCA has location X mentioned in the additional work place. So can I travel to the additional work place mentioned in the LCA? I am currently working in my employer's India office. I am going to join my employer's US office where I need to complete my joining formalities. After completing my orientation, I will be assigned a project in work location A which will be mentioned in my new LCA. Will I be able to enter US in the above scenario? What about your H1B amendment?
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