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LCA doubt - Urgent Please

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  • LCA doubt - Urgent Please

    Hello,

    I got my H1 during 2009 and I have never travelled to US with H1. At that time LCA was filed in Georgia.

    Now I am travelling to client place directly from India, I was told by one of my friend that he was asked for LCA at the POE, but in my case, I am travelling to different state all together, if they ask, will it be a problem? As my LCA is valid in Georgia and I am going to NY.

    Please let me know. Also, can the employer file immediate LCA for that state and send me a copy which I can show at POE?

    Thanks

  • #2
    The LCA should be filed for the location/client where you will be working. You need a new LCA for the state of NY. Ask your employer to file it asap. It will take 10 days for the LCA to get approved. Once approved, they can send you a scanned copy.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin,

      Much appreciated for the quick reply

      Comment


      • #4
        Also look at the H1B amendment
        https://www.immihelp.com/h1b-petition-amendment/


        Originally posted by sachih1 View Post
        Thanks Shervin,

        Much appreciated for the quick reply
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Oops!

          Does that mean I have to file amended I-129. The statement says, thus triggers a need to file an ammended I-129 [H1- petition]

          So if I am travelling by this month end, can this all be done before that. I am really confused now.

          Please explain.

          1) Just filing new LCA is good enough?

          Comment


          • #6
            H1B amendment is required if the location and client are different. USCIS need to be notified. You can travel with the copy of the I-129 filed for the H1B amendment. Check with your company attorney.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              The employer says, its a big process and might delay in getting and its not advisable to file LCA now, as it triggers i-129.

              So in short, he doesnt want to file now, instead wants to file that during extension which is due before oct 2011

              I am not sure what to do. Tickets are booked, I have client letter. No LCA for that state, but if they want to start its risky.

              Can you please help on how to go about in this situation? Since the employer says, blah blah, he knows more stuff about h1 than me etc.

              Comment


              • #8
                Is this a consultancy company? As per law, you need to have an LCA and amended H1B petition for the location / client / Wages that you will be working. It is plain illegal to work in a state where you are not authorized to work. If USCIS / DOL or CBP figures this out, then it is your immigration status that will have bad records and not the company. You can either take the risk or ask your employer to do the right thing. If this is a consultancy company, then I am pretty sure they do not want to spend more money in filing the LCA and H1B amendment.

                LCA will take 10 days to clear. Once an amendment is filed, you can carry a copy of the filed H1B amendment to show at the POE instead of having to wait until it gets approved. I don't think the entire process will take more than 15 -20 days.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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