Late LCA

[vishwab]

Hi,

 

I am working for an Employer from past 2 and half years.  I am working for a client xxx from Feb, 2015 through my employer.  My employer forgot to apply LCA and Amendment for my new job location. He is applying now and it's been almost 8 months till today.  In next few months I am planning to visit to my country.  Any way I will plan my visit after getting my LCA & Amendment.  But, what about the period of 8 months. 

 

Will that affect any where?  

Will that affect when I re-enter into US?

 

In my pay checks, I am observed that the tax has been deducted for the state that I am living.

 

Thank you

V.

 

 

[Attorney_15]

Under the Simeio Solutions and the related guidance if USCIS approves an amended petition, then the person is in status. The time a petition is pending before approval is a period of authorized stay and not out of status time.

[vishwab]

Under the Simeio Solutions and the related guidance if USCIS approves an amended petition, then the person is in status. The time a petition is pending before approval is a period of authorized stay and not out of status time.

Thank you very much for your reply but my LCA is under in process (this is applied after 8 months of stay in my current job location) .  Still amendment is not started yet.  Once LCA approved then they are going to file amendment.  

[Attorney_15]

There are two things a Labor Certification and not a Labor Condition Application. An LC for the Green Card and the LCA for the H1B. From the information you're sharing here it sounds like you need to talk with an experienced lawyer. Changes to work location do need an amendment to the current H1B but depending on the how the LC is prepared for the Green Card, another LC is not always required. When you talk with a lawyer you want to have a copy of the filed LC and you probably want to have that conversation with the lawyer with your employer there too so you all know what is and isn't needed.