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Reg: New Lca And H1b Ammedment

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

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is August 19, 2015
     
  2. mar212011

    mar212011 Well Regarded Member

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  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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  4. bhimarasetty

    bhimarasetty Junior Member

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    Ron,

    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.

    Regards,

    VB
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    With the way things are right now, I think you are safe.
     
  6. Muttu

    Muttu New Member

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    Hi Ron,
    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.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your attorney.
     
  8. saratk2k

    saratk2k New Member

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    Ron,

    Before moving to new location, should we wait for amendment receipt?
     

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