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Reg: New Lca And H1b Ammedment

Discussion in 'Nonimmigrant Visa Applications' started by chandrakanth, Jul 6, 2015.

  1. chandrakanth

    chandrakanth New Member

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    Hi Ron

    I have my VISA validity till sep,2015 with client XXX and i have been in US for 1 year (2013-2014). Right now am in India and need to move USA in next 10 days. The problem is with the change in client location , which was earlier in CA ,now i need to move to MO. As am in India right now ,i applied for H1B extension and my employer said that they are filing LCA ,and now i have notifed them of client location change . So in this case the employer and client remains same but only the change in client location. Request to clarify the below :

    1) Do i need to go for change in LCA and H1B ammendment.....or only LCA ?
    2) With the changed LCA can i fly to US as my VISA valid for another 2 months or do i need to go for stamping ?
    3) How many days its gonna take ,if in last minute i have notified my employer of location change in LCA

    Thanks for quicker response

    Regards
    chandra
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need both an LCA and a petition amendment for the new job site. You should be able to return on the strength of the original approval and the filing of the amendment.
     
  3. chandrakanth

    chandrakanth New Member

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    Thanks For the reply Ron

    Suppose i got changed LCA and amended H1B before a couple weeks of my H1B expiry date ,can i still fly to US
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, absolutely.
     
  5. chandrakanth

    chandrakanth New Member

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    Thats awesome , thanks a lot for your reply Ron....Now i can confidently start my processing
     
  6. chandrakanth

    chandrakanth New Member

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    Hi Ron,

    Would there be any change in H4 VISA (Whilch my wife is already holding),as am going to H1 amendment and LCA change ? OR with the same VISA she can travel along with me after H1 amendment and LCA change
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As an H4, she is tied to your H1 status, not your employer. There should be no change as far as she is concerned.
     
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  8. chandrakanth

    chandrakanth New Member

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    Hi Ron

    As am in india now...please let me know if after filing LCA change and petition amendment can i fly immediately or shall i need to wait for approval of both LCA and petition
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on the unique facts of your case, but generally a person in this situation should be able to return immediately upon filing.
     
  10. chandrakanth

    chandrakanth New Member

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    Hi Ron

    Thanks for the reply...return in the sense can be able to travel USA immediately after filing right ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
  12. chandrakanth

    chandrakanth New Member

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    Hi Ron

    Is there any clause like ,my new LCA with new address has to be pasted at my desk (in USA),before 10 days of my travel to US
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It has to be posted at the place where you will work.
     
  14. chandrakanth

    chandrakanth New Member

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    Hi Ron

    As today my LCA is posted at my desk,so i will get new LCA after 15 days.But how about H1b petition amendment ? Can this is done simultaneously or its like only after receiving LCA after 10 days i need to start petition amendment ?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to wait until the LCA is certified to file the amendment.
     
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  16. chandrakanth

    chandrakanth New Member

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    Hi Ron

    Once after receiving LCA and after filing amendment of petition,can i fly to US or shall i need to wait to get petition in my hand
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need the receipt notice and a copy of the filing.
     
  18. chandrakanth

    chandrakanth New Member

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    Hi Ron
    Thanks for your valuable suggestions

    Please clarify the final query below
    :
    So i dont need to.wait for petition approval ? Once filing for petition amendment is done ,with that receipt notice and copy of filing i can fly immediately
     
    Last edited: Jul 18, 2015
  19. chandrakanth

    chandrakanth New Member

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    Hi Ron

    My employer is saying like i can travel to USA from India with amended certified LCA and previous petition ,instead of petition amendment.
    Please let me know if there would be any problem at port of entry

    Regards
    Chandra
     
  20. mar212011

    mar212011 Well Regarded Member

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