New LCA or H1-B Amendment (Urgent)

[GCLONGWAIT]

I tried searching an answer to my query but got different answers. Would highly appreciate if I could get Legal advice on this.

I was recently approved my 2nd H1 visa for a company in Austin. For last 3 months had been travelling once in every three weeks back home in CT. After being trained by the company and also working out with my employer to reduce cost & waste of time, we came to a conclusion of changing the work location (HOME).

Questions:
1) For the change of location , do I need to file new LCA or need to do H1-B amendment?

2) What are the chances of it being approved?

3) What is the risk involved?

4) My GC has also been sponsored by the same company. The old GC in EB3 is in process & the new GC labor in EB2 is yet waiting for the approval.

Would highly appreciate legal advice at the earliest.

Also, if anybody gone through the similar situation can let know their experiences.

Thank You

[martinvisalaw]

If you have already been working from CT, the company needs to file an amended H-1B. If you haven't been working there, if the company has a new LCA certified before you start working in CT, that's all they need. They only need to amend the H-1B if you work in CT before there is an LCA in place.

[GCLONGWAIT]

Thank You Madam for your response.

Before I file new LCA, would like to weigh the consequences. Would appreciate if the legal experts can give some information on the following:

1) If I understand it right, LCA is filed with the labor department. So how does INS get the intimation of change of location?

2) What are the chances of new LCA being rejected?

2) If it gets rejected, does it affect the present H1-B visa?

3) How many days does it take to complete the procedure of new LCA? ( After application is sent)

4) Lastly, what kind of proof is needed to show that I had been working from Austin before the company filed new LCA? Its been only 2 months since my new H1-B got activated.

Would highly appreciate legal response at the earliest.

Also,would be obliged to somebody who has gone though the same situation could share their experience here.

Thank You in Advance

[martinvisalaw]

Originally Posted by GCLONGWAIT

Before I file new LCA...

You don't file the LCA, the employer does.

1) If I understand it right, LCA is filed with the labor department. So how does INS get the intimation of change of location?

CIS does not get notice if the employer just files an LCA.

2) What are the chances of new LCA being rejected?

Very slim, if the LCA is completed correcty

2) If it gets rejected, does it affect the present H1-B visa?

The H-1B petition remains valid, but just for the location listed.

3) How many days does it take to complete the procedure of new LCA? ( After application is sent)

About 2 weeks

4) Lastly, what kind of proof is needed to show that I had been working from Austin before the company filed new LCA? Its been only 2 months since my new H1-B got activated.

No proof is needed when filing the LCA.

[GCLONGWAIT]

Thank You very Much Ma'am for your detailed reply....

From the above information that you provided, I am a bit confused about couple of scenarios.

Trying to explain my situation again before I ask questions.
I am working for a company that is located in AUSTIN, TX. But, it doesn't have any branch or office in CT nor any client. I am an accountant and am working working for the firm directly who has sponsored my H1-B visa.

Because of too much traveling involved, we, my employer & employee both worked out on situation in which I could work from my residence in CT & report to the company as & when required. The company is ready to apply for CT tax id to pay salary to me.

In this above situation, the company was trying to find whether it needs to file only new LCA or H1-B amendment as the company's location is not going to change at all.

From the above information that you provided & fin my situation, the main question arises is -

1) How does the Immigration department comes to know about the change of location after the new LCA is approved?

2) Since now they are visiting the job sites to make sure about the legitimacy of the H1-B, how do the company prove that it has abide by the laws by allowing me to work from home when my original H1-B application had the company's location as my job location?

Again would highly appreciate legal response at the earliest.

Also,would be obliged to somebody who has gone though the same situation could share their experience here.

Thank You in Advance

[GCLONGWAIT]

Awaiting response...
Thank You

[martinvisalaw]

At this stage, I think your company needs to speak with an immigration lawyer if they have these concerns. The company files the H-1B petition, and they would be investigated, if anyone. I think you're looking for a formal legal opinion which is not something to be given in a free forum like this.