h12017 Posted July 9, 2015 Report Posted July 9, 2015 I have an approved H1B petition till Sept 2017. I work on Employer Vendor Client model. My H1B petition was filed for a client (X) in Florida. Then last September I moved over to California for a new client (Y). No LCA or amendment was filed by my employer for Client Y. Now in June 2015, I have moved to a new client (Z). Now my employer wants to file for the new LCA and do H1B amendment for client Z. So my questions are:1. Can my employer file for LCA and H1B amendment for client Z now (after I have already joined client Z. It's been a month now with client Z)?2. Will USCIS any way come to know that my employer did not file for LCA and H1B amendment for Client Y?Thank you in advance for your response.
victor_26 Posted July 10, 2015 Report Posted July 10, 2015 1. Can my employer file for LCA and H1B amendment for client Z now (after I have already joined client Z. It's been a month now with client Z)? >>>>> Your employer is not adopting the right practices. After the recent USCIS posting, your employer cannot post you in any other place other than the one listed under your latest approved H1B petition without having an amendment filed unless it falls within the temporary work location listed under the below draft guidance. http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision 2. Will USCIS any way come to know that my employer did not file for LCA and H1B amendment for Client Y? >>>>> If you are the pick for the USCIS site visit at the locations mentioned in your latest approved H1B petition, then both you and your employer will be in trouble for not being compliant with the USCIS guidance.
livliv Posted July 10, 2015 Report Posted July 10, 2015 1. Yes, they must. They should have done it before change in work location. 2. They may, but there is nothing you can do about it right now.
h12017 Posted July 10, 2015 Author Report Posted July 10, 2015 livliv and scofield -II thank you for your replies. My employer is now filing for new LCA and H1B amendment. But I am asking is it too late now that I have already spent a month at the new client location and now they are filing instead of filing before joining the new client location. Because of this will my new amendment may get cancelled?
victor_26 Posted July 10, 2015 Report Posted July 10, 2015 Ideally you should go back to your original place of intended employment that is listed under your latest approved H1B petition until a new H1 Amendment filed on your behalf for the new location. As soon as the H1B amendment is filed you can start travelling to your new client location. (Not need to wait for its approval)
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