H1 Stamping at Mumbai, LCA issues

[jaya_chh]

Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.

From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.

Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.

Has anyone faced such a issue.

Please share your experiences and views.

Thanks.

[gconmymind]

Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.

Hopefully, the officer at the consulate wont ask and you wont have a problem.

Personally, I have my client's location as well as my company's location on my H1 LCA.

[rockstart]

I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.

[jaya_chh]

Isn't it the employer's responsibilty to file new LCA when I was assigned to another project in another state?

If my employer has not done that for me, then does it still affect my chances of getting my H1 stamped. Means I am not at fault, my employer is.