H1B Questions : Joining location

[nikhilhunk]

I have some doubts about my joining with the new employer on H1B Visa :

I will be visiting US for the first time when I join my new employer. Employer's head office is in New York and my H1B visa was stamped with the supporting documents provided for a client in Texas. As per the LCA/Visa, I am supposed to work in Texas. Now the situation is such that my Visa processing was delayed due to RFE and the project at Texas which I was supposed to join is almost over and my employer is not willing to put me on this project. For now, they want me to complete the joining formalities in New York office first and they will assign me to another project as soon as they have worked out the staffing for the available projects. Please help me with the following doubts :

1. Is it Ok for me to go to New York and complete my Joining formalities? Will it be a problem of any sort ?

2. If they are able to staff me on another project(not necessary in Texas) after the joining formalities, what procedure will have to be followed in term of LCA revision and Visa stamping?

3. What are the TimeLines involved in getting a revised LCA other activities that will be required in my case when I am assigned to a new project?

4. What are your suggestions in this situation? Shall I request my employer to get all the LCA issues sorted out even before I fly to US from India?

5. If I join in New York office and stay there for (say) 3 weeks before I am assigned to a project, is this status illegal?

Based on your experience, could you please provide suggestions on how to handle this situation to avoid any problems?


Thanks in Advance.

[shervin143]

1. Is it Ok for me to go to New York and complete my Joining formalities? Will it be a problem of any sort ?
>>> Not an issue as long as you get a new LCA approved for New York and the H1B is amended properly.
https://www.immihelp.com/h1b-petition-amendment/

2. If they are able to staff me on another project(not necessary in Texas) after the joining formalities, what procedure will have to be followed in term of LCA revision and Visa stamping?
>>> New LCA need to be filed for the new location and based on the approved new LCA, the H1B amendment need to be filed. Read through the link provided in answer 1.

3. What are the TimeLines involved in getting a revised LCA other activities that will be required in my case when I am assigned to a new project?
>>> ~10 days for LCA and 2-3 months to get the amendment done in normal process and 15 days for amendment in premium.

4. What are your suggestions in this situation? Shall I request my employer to get all the LCA issues sorted out even before I fly to US from India?
>>> Yes. Otherwise there are chances that you will be questions and even deported if needed.

5. If I join in New York office and stay there for (say) 3 weeks before I am assigned to a project, is this status illegal?
>>> Legal as long as you have the LCA and H1B amended. Irrespective of whether the employer puts you on a project or not, they need to pay you as per the approved LCA or you will go out of status on H1B. When the LCA is approved for Texas, they cannot pay you in New York and withheld NY taxes. The wage requiremenets and other stuff chances from one location to another. That is why it is required to get these documents amended.