Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Changed location with same company requires H1B stamping again?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Changed location with same company requires H1B stamping again?

    I changed my job location from Colordao to California this year, with same company and same job title/duties. My employer's lawyer firm filed my amended LCA(labor condition application). I already have stamped H1B visa when I visited India last year.

    My lawyer wants me to stamp my visa again this year, when I visit India. I'm not sure, if I really have to stamp, because I already have a valid H1B visa(till end of 2012) and I only changed my job location(my company and job description/position is still same).

    Does anyone know, if I have to stamp my visa again?

  • #2
    The H1B petition need to be amended based on the new LCA. There is no need to get the H1B stamped again. You can use the existing H1B visa with the amended H1B petition to re-enter U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      thanks @shervin143. I also talked to my lawyer firm again and they said that you need to carry certified LCA only on re-entry and no need to get stamped again. Thanks anyways...

      Comment


      • #4
        More than LCA, you need the amended H1B petition when you re-enter. Do you have the amended H1B approval notice (I-797)?

        Originally posted by dkimmi View Post
        thanks @shervin143. I also talked to my lawyer firm again and they said that you need to carry certified LCA only on re-entry and no need to get stamped again. Thanks anyways...
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          More than LCA, you need the amended H1B petition when you re-enter. Do you have the amended H1B approval notice (I-797)?
          No, I don't think I have amended H1B approval notice(I-797). I have been given a travel latter quoting a letter from USCIS
          "An amended Form I-129 petition would not be required simply on the basis of the geographic move. As long as LCA has been filed and certified for nrew employment location, appropriate worksite posting has taken place, and other wage and hour obligations are met, no no amended petition would be required regardless of when the LCA was filed and certified, as long as certification took place before the employee was moved."

          Comment


          • #6


            Originally posted by dkimmi View Post
            No, I don't think I have amended H1B approval notice(I-797). I have been given a travel latter quoting a letter from USCIS
            "An amended Form I-129 petition would not be required simply on the basis of the geographic move. As long as LCA has been filed and certified for nrew employment location, appropriate worksite posting has taken place, and other wage and hour obligations are met, no no amended petition would be required regardless of when the LCA was filed and certified, as long as certification took place before the employee was moved."
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X