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Lca And H1b Amendment Not Filed By Employer

Discussion in 'General nonimmigrant visa issues' started by h1bissue, Aug 15, 2017.

  1. h1bissue

    h1bissue New Member

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    Hi Ron,

    My H1B was picked in lottery on April 1st 2016. I was on H4 at the time. My employer had mentioned the work site to be Site X. However, between then and october 1st, i got another project in another state, at Site Y. My employer informed me that the paperwork is done and I could start working. Now, 8 months into the project, my client at Site Y, wants to sponsor my H1, and I want to join. However, while collecting documents, I found out, that the LCA is still for Site X, and H1B amendment is not filed. So, I asked about it to my current employer and he said he totally missed it, and will do it now. However, I am not sure the amendment would go through, as USCIS would find me in violation. Also, I think even the transfer of my H1 would be in jeopardy as they might issue RFE as pay stubs would should my current address and petition would have my employer's address.
    I am pretty sure my employer violated rules, due to which i am in violation. What is the best way around it?
    1) File new LCA and amendment with current employer 2) File transfer of H1 with whatever documents I have. 3) My wife has an approved I-140 from her Eb2-NIW petition. So, i move on an H4 and apply for EAD.

    Thanks for your advice.

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