Query regarding my H1 status.

[bbATT]

My background: I work with an American consulting company (business model is very similar to Oracle, IBM. The company does not work with any other vendors. It has its own huge client base). This is my 3rd year on H1B and my company will file for 3 year extension later this year.

During my second year on H1B, I worked for 9 months with a project at my company's office location which is not mentioned on my LCA. The company has been very cautious about all the laws but due to mine and my employer's lack of knowledge (or Hr’s incompetency) they never filed a LCA at that location. (It is a possibility that my office HR never reported this fact to the company’s lawyers.) I came back to my original (LCA) location after that and have been working here since then.

My question is, I know now that it will be a problem when my employer applies for an extension. But what can I do now? Should I just wait and see if my application is denied or can I or my employer actually do something proactive? IS it advisable to talk to my employer about this?

[kalyanverma]

Re: Query regarding my H1 status

When filing for your Extension, all you need is the latest LCA, unless or otherwise USCIS asks for history. Since you mentioned that you are back to the client's place and your LCA is from the same location, you are good to go.

[bbATT]

Thanks for your reply.

My worry is when USCIS might request for supportive documents including W2, Time sheets etc. As I paid taxes in the state I was working, my W2 will show that there was tax filed in a different state than where my LCA location is.

In that case, It might be in a problem. I guess what I am asking is, is there any solution for this worst case scenario?

[bbATT]

Was I out of status when I worked at a non-LCA location?