LCA - new amended petition? - new Rule??

[sonymathur]

Hi All,
I'm on H1 and I have to relocate to Texas and hence I asked the attorney for a new LCA for Austin, Tx.

Please see the response below from attorney and let me know if this the new Rule/trend....

According to the US Department of Labor regulations, that you would only need to apply for a new LCA for the Austin location and repost for your position. However, the trend that we are seeing with USCIS/ and ICE is that when a new LCA is needed, they assume it is a material change in the employment and, therefore, requires an amended petition. We disagree with this stance as it is not part of the statutes or regulations, but it is the reality of tougher enforcement and investigations of H1Bs by USCIS. Therefore, we would strongly urge you not to move to Texas until an amended petition can be filed and approved. A new LCA certified for the Austin, TX location will take approximately 7-10 days.

[shervin143]

Change in work location requires an amended H1B petition and a new LCA. Check this.
https://www.immihelp.com/h1b-petition-amendment/

[sonymathur]

Thanks shervin143 for sharing this useful info. Is this something newly introduced? Because this was Not the case a year back when I was consulting at various client locations

[sonymathur]

Also if it is NOT compulsory for amended petition then can we take chance of just directly applying new LCA. we could know the outcome in 2 days right?

[shervin143]

This is not new.

Thanks shervin143 for sharing this useful info. Is this something newly introduced? Because this was Not the case a year back when I was consulting at various client locations

[shervin143]

Apply for LCA has nothing to do with the H1B amendment. LCA is for DOL and H1B amendment is for USCIS.

Also if it is NOT compulsory for amended petition then can we take chance of just directly applying new LCA. we could know the outcome in 2 days right?

[sonymathur]

Apply for LCA has nothing to do with the H1B amendment. LCA is for DOL and H1B amendment is for USCIS.

So you mean to say that ....even though we get new LCA from DOL , we have to again apply for ameded H1 petition for the material change?

[shervin143]

Yes. If you read the link that was provided earlier, that is what it states.

So you mean to say that ....even though we get new LCA from DOL , we have to again apply for ameded H1 petition for the material change?