Labor not filed h1b amendment

[Brazilcool1]

Hey Guys

I was working as a manager at Utsa - Texas. I accepted a position for university of Houston - Texas as an assistant director.

My current h1b is valid until 2012 sept. after almost 4 months of working for the new place my hr said they did not file the labor.

Now the hr is saying that even if they file amendment now it might be rejected as labor is not strict due to economy and that uscis will reject my application saying my position does not need a degree

I work for a fortune 500 Aramark. How much of what my hr is saying is true?

Now they even say after sept 2012 they will not extend my visa.

I feel it's all false to cover up the fact that they failed to apply my labor in time before I moved.

Please help me

Thanks
Erica

[shervin143]

Did the university file your H1B transfer and did that get approved? Are you saying that you start working for the university without filing a H1B transfer petition with USCIS?

[Brazilcool1]

Did the university file your H1B transfer and did that get approved? Are you saying that you start working for the university without filing a H1B transfer petition with USCIS?

Thanks for the reply. Apparently it's not a transfer but an amendment which was not filed. Yes I started working and when I was getting ready for my visit to he the hr said they had an issue and that's how I found out that they never applied.

I worked at uoh for about 4 months now.

Please advise.

Thanks
Erica

[shervin143]

Are you saying that you worked for the same University (In H1B status) before under a different designation with different roles and responsibilities and then got promoted and your designation, roles & responsibilities changed for which the university did not file the Labor and the H1B amendment?

[Brazilcool1]

Hello Shervin,

I work for Armark which has its business in UTSA and in University of Houston.

I was manager at UTSA with my H1B visa with Aramark and got promoted to University of Houston Aramark location. Armark has my h1b visa and we are food vendors for these universities.

I took the promotion and moved to University of Houston. The promotion was from Manager to Assistant food services director.

After moving in August, i resumed work, wanted to visit home in december and the HR at houston started asking me about labor certification which I did not have a clue. HR was supposed to take care of all formalities but they have not.

Please help what situation i am in. I guess i was working without filing any amendment until now and I was in total dark. The hr basically failed me.


I hope this is clear.

Erica.

[happybuddha]

I am sure Shervin will clear your doubts...

Form what I understand, I think that is illegal. From what I know LCAs can be ammended if the person is working for the same organisation but moves to another state (or change of sal. Not sure on this one, since I never got a raise so far). A new LCA is generally filed when a person changes a job. A new LCA can also be filed in place of the ammended LCA.
The onus probably lies on the candidate for making sure that the LCA is filed appropriately.

[shervin143]

A new labor and an H1B amendment need to be filed when your job responsibilities changes totally from the previous one. However, if your current H1B petition and the associated I-94 are valid, then they can still file a new labor and when the labor gets approved, they can file the H1B amendment. Not sure why it would be a problem.

Hello Shervin,

I work for Armark which has its business in UTSA and in University of Houston.

I was manager at UTSA with my H1B visa with Aramark and got promoted to University of Houston Aramark location. Armark has my h1b visa and we are food vendors for these universities.

I took the promotion and moved to University of Houston. The promotion was from Manager to Assistant food services director.

After moving in August, i resumed work, wanted to visit home in december and the HR at houston started asking me about labor certification which I did not have a clue. HR was supposed to take care of all formalities but they have not.

Please help what situation i am in. I guess i was working without filing any amendment until now and I was in total dark. The hr basically failed me.


I hope this is clear.

Erica.