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H1b and LCA changes.. need help!!!

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  • H1b and LCA changes.. need help!!!

    Hi,


    Actually i have list of question where i am not getting satisfactory answers. Please help.

    1. I am working with an Indian IT MNC we have our subsidiary in USA too. My employer filed my petition but soon after lottery results i have got a response that my application not selected in lottery. I was disappointed for few minutes and accepted as a part of life. But then this month all of sudden one mail popped up from my attorney stated that my H1B petition has been approved and reached India for stamping.
    My question is what could be the circumstances where i got direct approved petition notification but no lottery confirmation?

    2. I am in process for visa stamping. I have to work for client who has many offices across the country. My current LCA is for New York. But i have received a message from my onsite team that i have to move to Ohio (long term destination) after completing a 2 month's assignment in New York. Client is same. I believe my employer needed to file an H1 amendment for new location. My question is: is there any risk of rejection if my employer apply for new LCA and H1 amendment in such frequency??

    3. If i need to go (i think surely) amendment process in USA do i need to go for visa interview process again or any deferent process?

    4. If yes.. where i need to go for new Visa stamping?

  • #2
    Originally posted by vickych3 View Post
    Hi,


    Actually i have list of question where i am not getting satisfactory answers. Please help.

    1. I am working with an Indian IT MNC we have our subsidiary in USA too. My employer filed my petition but soon after lottery results i have got a response that my application not selected in lottery. I was disappointed for few minutes and accepted as a part of life. But then this month all of sudden one mail popped up from my attorney stated that my H1B petition has been approved and reached India for stamping.
    My question is what could be the circumstances where i got direct approved petition notification but no lottery confirmation?

    2. I am in process for visa stamping. I have to work for client who has many offices across the country. My current LCA is for New York. But i have received a message from my onsite team that i have to move to Ohio (long term destination) after completing a 2 month's assignment in New York. Client is same. I believe my employer needed to file an H1 amendment for new location. My question is: is there any risk of rejection if my employer apply for new LCA and H1 amendment in such frequency??

    3. If i need to go (i think surely) amendment process in USA do i need to go for visa interview process again or any deferent process?

    4. If yes.. where i need to go for new Visa stamping?
    1. From whom did you get a response that your petition was not selected? Further, it is possible that you got selected in the "second round" where USCIS does keep some extra petitions on hold in case the some of the ones selected were rejected or withdrawn. If you got the approval notice that means you were selected.
    2. I don't see any as long as employer is able to support it with proper documentation.
    3. If NYC location is no longer relevant then your petition has to be amended before you go for visa interview process.You cannot attend visa interview if your LCA and I129 mentions NYC location but intended work is Ohio.
    4. As I said, you first need to get petition amended.

    This is my opinion not legal advice.
    2.

    Comment


    • #3
      H1b and LCA changes.. need help!!!

      Hi,

      Thanks for the guidance.

      I got the petition approval email from my Employer who filed my application.

      I have to work in NYC location for 2-3 months or so. Is it okay if i will get visa stamped with my current LCA for NYC and later my employer apply for ammendemnt while i will be in NYC US?

      Thanks,

      Comment


      • #4
        Originally posted by vickych3 View Post
        Hi,

        Thanks for the guidance.

        I got the petition approval email from my Employer who filed my application.

        I have to work in NYC location for 2-3 months or so. Is it okay if i will get visa stamped with my current LCA for NYC and later my employer apply for ammendemnt while i will be in NYC US?

        Thanks,
        That should be fine.

        This is my opinion not legal advice.

        Comment

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