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H1-b LCA related query

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  • H1-b LCA related query

    Hi,

    I am in US from Oct 2014 on H1b. When my petition filed in april 2014, the LCA was issued with Location A [duration 3 years] which i used for stamping. Later before coming US, I got another LCA [Duration 1 yr] with Location B where i was supposed work. So after coming to US in OCT 2014 i was working in Location B, but now that project is over and moved back to Location A. Both location A and B are in state with 10 miles range.

    So my question is, Can I continue working in location A with LCA that was issued with new petition that i got while stamping? Or do I need to get new LCA with Location A once again?


    Thanks for you help in advance!

  • #2
    You are suppose to file a new LCA and H1B amendment whenever you change work locations.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks! My company immigration dept mention that I have two LCA, one with location A and One with location B. Location B work is completed and they mentioned I can work from location A? So wanted to check with forum guys whether this could valid to stay in location A.

      Comment


      • #4
        What about H1B amendment. Was an amendment filed while you were at location B?

        Originally posted by SanVisa View Post
        Thanks! My company immigration dept mention that I have two LCA, one with location A and One with location B. Location B work is completed and they mentioned I can work from location A? So wanted to check with forum guys whether this could valid to stay in location A.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Location A LCA was issued with my h1b petition and period mentioned as 3 years with end date in 2017 [in 2017 my visa is expiring] but location B LCA was filed later for only 1 year which is ending next month. So company immigration team suggested I can start working at location A anytime till 2017.

          Comment


          • #6
            First of all when you moved from location A to B, not just the LCA, but the H1B also should have been amended. Later when you move back from B to A, another LCA and H1B amendment need to happen. But in your case it looks like they did not file the amendment when you moved from A to B. So technically as per USCIS, you are allowed to work only at A. With a valid LCA and H1B for location A, you are allowed to work there. The problem is if USCIS questions about you working at B without filing an amendment.

            Originally posted by SanVisa View Post
            Location A LCA was issued with my h1b petition and period mentioned as 3 years with end date in 2017 [in 2017 my visa is expiring] but location B LCA was filed later for only 1 year which is ending next month. So company immigration team suggested I can start working at location A anytime till 2017.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              I have LCA for location B with h1b amended.

              Now my question is can I have two different LCA with h1b for location A and location B at a time. If so my LCA for location b is ending next month and I can move back to location a

              Comment


              • #8
                Simple answer is NO. Well, if you have already filed an amendment with USCIS mentioning that your work location going forward will not be A, but B and if USCIS has approved that amendment, then that is what is your current work location as per USCIS. Now if you want to move back to location A, then you should let USCIS know that by filing an amendment.

                Originally posted by SanVisa View Post
                I have LCA for location B with h1b amended.

                Now my question is can I have two different LCA with h1b for location A and location B at a time. If so my LCA for location b is ending next month and I can move back to location a
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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