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LCA for city A, required to work in city B.

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  • LCA for city A, required to work in city B.

    I've LCA and H1 with a company for Boston, MA and now a transfer order has been issued to me by my company to work in the company's Texas office. It's not client site. They not gonna change my LCA, as recently they moved one of my colleague to Washington (2500+ miles) and still they didn't get him new LCA.

    By law, who is responsible for getting new LCA? The company or the employee? What if USCIS inquiry comes to me in Texas and my LCA shows Boston, MA?

  • #2
    New LCA is needed.

    Employer is responsible to get it. However, employee should be worried about it too because both employee and employer would be in trouble otherwise.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thanks for quick response.

      What if the employer denies to get new LCA (As the new LCA may indicate higher salary)?

      If I officially ask my employer to get a new LCA, is my responsibility over?

      Can USCIS deport the employee / revoke the H1B if they find employee working at location other than mentioned in LCA? or Will that be an issue for the employer?

      Would it be advisable to resign from job, if employer denies to get new LCA?

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      • #4
        What if the employer denies to get new LCA (As the new LCA may indicate higher salary)?
        >>> If found, any future petition/visa stamping for the employer can result in denial.

        If I officially ask my employer to get a new LCA, is my responsibility over?
        >>> No. It is your responsibility to make sure your LCA is filed correctly. You cannot work in one state and pay the tax for another state. That is illegal.

        Can USCIS deport the employee / revoke the H1B if they find employee working at location other than mentioned in LCA?
        >>> Very much possible. Also any future petitions, visa stamping can be denied. Can cause issues with the GC processing too.

        or Will that be an issue for the employer?
        >>> It will be an issue for the employer too. See ans. 1.

        Would it be advisable to resign from job, if employer denies to get new LCA?
        >>> It is always better to work for an employer who follows the rules. Think about your future petitions, GC processing etc and take the right decision.
        Not a legal advice. Use of this information is strictly at your own risk.

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