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  • LCA changed but H1B not amended for location change

    #1
    Dear Ron,

    Back in 2004 during my first H1B tenure, when I changed from one client to another(location change) my employer filed for new LCA for the new location everytime but not H1B amendment. Since 2008 my employer does both new LCA and h1b amendment for location changes. Will the employment during 2004-2007 where LCA was amended for each location but H1B amendment was not done be considered unauthorized employment? Will this cause an issue during AOS? Please suggest.

    Thank you,
    Java
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  • #2
    Re: LCA changed but H1B not amended for location change

    If you have left and reentered the U.S. since then, this is not an issue.
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    • #3
      Re: LCA changed but H1B not amended for location change

      Dear Ron,

      I haven't travelled out of US since 2005.

      I read in another forum the following: Adjudicator’s Field Manual 31.2(e) states that “[t]he mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien’s employer and, provided further, the supporting labor condition application remains valid.” I also read that USCIS made H1 amendments for location changes compulsory only after August 10, 2011.

      I have already filed my i-485 also. Kindly suggest whether LCA amendments with no H1B amendments during 2004 to 2007 could cause i-485 denial? Would we be able to argue based on Adjudicator’s Field Manual 31.2(e)? LCA and H1 are correct from 2007 onwards. Kindly suggest.

      Thanks,
      Java
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      • #4
        Re: LCA changed but H1B not amended for location change

        Hi Ron,
        I have similar issue, my Employer also did only LCA Amendment Each time I moved to diff Client
        but no H1B Amendment,I last re-entered US in 2010 APR Since then worked at 2 diff clients had
        a Valid LCA every time but no H1B Amendment, I got my H1B extension sucessfully in july 2011
        before filling AOS in dec 2011,
        So will I face problems in my AOS Now.

        Please help.
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        • #5
          Re: LCA changed but H1B not amended for location change

          The INS/USCIS have been all over the map on this. The regulations quite clearly state that any time there is a material change in the terms and conditions of employment, an amended petition is required. In the past, this has been both strictly enforced and ignored. The problem is that when the USCIS makes a policy change, they always apply it retroactively.
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          • #6
            Re: LCA changed but H1B not amended for location change

            Thank you for the clarifications Ron. As we have already filed i-485 can anything be done now to avoid i-485 denial? Are there many such RFEs these days on i-485 for LCA violations? Kindly suggest.
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            • #7
              Re: LCA changed but H1B not amended for location change

              Most likely, the USCIS won't look that far back. If they do, you may have an issue, but you can deal with it if and when it pops up. Until then, don't worry.
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              • #8
                Re: LCA changed but H1B not amended for location change

                Hi Ron,
                I would higly appreciate if you can provide your insight in my case too, Iam really worried.

                Here are my complete details
                Entered US on H1B - Mar 2010.
                Worked for only 2 client locations till now.
                Client1 - worked only 1 month at this Location (Company filed new LCA but no H1B Amendment)
                Client2- Moved to Client2 location after that and still working here. (Company filed new LCA again but no H1B Amendment).
                I recently got my H1B Extension from client2 in July 2011, will the H1B extension serve as amendment.
                I have already filed my AOS in DEC 2011.
                Please provide your Inputs.
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                • #9
                  Re: LCA changed but H1B not amended for location change

                  What the USCIS will do is anyone's guess. Right now, and I mean right at this minute, they don't seem to be enforcing this rule very carefully. We have seen strong indications, however, that they plan to start looking into this much more carefully in the near future.
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                  • #10
                    Re: LCA changed but H1B not amended for location change

                    Originally posted by Ron Gotcher View Post
                    What the USCIS will do is anyone's guess. Right now, and I mean right at this minute, they don't seem to be enforcing this rule very carefully. We have seen strong indications, however, that they plan to start looking into this much more carefully in the near future.
                    Dear Ron, You have mentioned that USCIS is not enforcing this rule very carefully at the moment.Is this in context with LCA amendment alone being done and not H1B amendment when there is a location change?

                    Thanks,
                    Java
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                    • #11
                      Re: LCA changed but H1B not amended for location change

                      Originally posted by Ron Gotcher View Post
                      Most likely, the USCIS won't look that far back. If they do, you may have an issue, but you can deal with it if and when it pops up. Until then, don't worry.
                      Thanks for the clarifications Ron.
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