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Is LCA amendment needed in my case?

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  • Is LCA amendment needed in my case?

    Hello guys,

    First of all a little background on my case. First time H1b, Visa is issued for NY location and planning to travel this month.

    Work location is mentioned as mid-town Manhattan in approved petition and LCA. But Client wants me to work from NJ office.

    There is no change in job role/client/employer or salary.

    Immigration specialist in my office says we dont need LCA amendment since area falls under same MSA. She says we only need a transfer memo on company letterhead stating the fact that since new work location is under same MSA we dont need new LCA and same can be used to work in new location.

    Is she correct in her assessment?

    If she is correct, do I still need to file the amendment petition for change in work location?

    Cheers!!!

  • #2
    Originally posted by h1b2016 View Post
    Hello guys,

    First of all a little background on my case. First time H1b, Visa is issued for NY location and planning to travel this month.

    Work location is mentioned as mid-town Manhattan in approved petition and LCA. But Client wants me to work from NJ office.

    There is no change in job role/client/employer or salary.

    Immigration specialist in my office says we dont need LCA amendment since area falls under same MSA. She says we only need a transfer memo on company letterhead stating the fact that since new work location is under same MSA we dont need new LCA and same can be used to work in new location.

    Is she correct in her assessment?

    If she is correct, do I still need to file the amendment petition for change in work location?

    Cheers!!!
    I believe you would need a new LCA as well as H1 amendment. All locations you can possibly work have to be listed in the I129.

    This is my opinion not legal advice.

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