Discussion in 'Nonimmigrant Visa Applications' started by chandrakanth, Jul 6, 2015.
It is August 19, 2015
Be sure to read the new policy memo that just came out http://www.uscis.gov/sites/default/...s_Transition_Guidance_Memo_Format_7_21_15.pdf
I cant appreciate you enough for your service to the immigration community. I have been following you for the last five years.
I am put into a little quirky situation. After following all the immigration related rules and regulations for the last 10 years, I dropped the ball this time. I had a job(contract and new client) change, on June 17th. I worked for them remotely for the first three weeks and went onsite twice in July. I travel every week and my schedule is normally M-W on client site. Soon after I heard about this Simeo rule, I reached out to my employer who was "sleeping" and didn't file my new LCA. I immediately rushed him to file for my new LCA which got certified on August 15th. I got all the vendor, client letters ready but wanted to run this by you to see if it will put me into a catch 22 situation.
Simply put my MSA/SOW for this new contract were signed and started on June 17th but my LCA was certified from August 15th. Will this throw a wrench into my amendment or will USCIS accept this a generic case which was out of compliance but since it falls into this 'safe harbor' period as per the memo they approve the amendment since all other documents are inline? I believe my employer will have to send the MSA as well as part of the documentation.
I have my H1-B petition approved till Jan-2018 through my previous client.
Appreciate your any advice.
With the way things are right now, I think you are safe.
I am on my 12 year H1b and 2nd time H1b extension after I-140 approval.
My company attorneys applied for extension in July this year, my h1 expires next month.
My Question - Is LCA absolutely necessary for H1b extension. Reason is on https://icert.doleta.gov/
if i search for my LCA for this year i dont see it. i do see my previously approved LCA. I know this year it was applied and approved as per my attorneys.
You have to discuss this with your attorney.
Before moving to new location, should we wait for amendment receipt?
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