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  #31 (permalink)  
Old 01-08-2008, 01:06 PM
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Exclamation LCA filed everytime

My employer has filed an LCA everytime I have changed job. Plus he deducts tax accordingly. Even when I moved from Richmond VA to Herndon VA for a new job he filed a new LCA ( even though I was in same state VA). But he files an electronic form and sends me a pdf to print and keep for records. I havent been asked for LCA during my visa interview. But I know many friends whose employers do not issue new LCA havent heard of any one in trouble with missing LCA.
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  #32 (permalink)  
Old 01-08-2008, 02:18 PM
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Quote:
Originally Posted by king37 View Post
guys feedback and opinions pls
I really don't know if all this required. As long as the company has its headquarters in the same location from where the LC was filed and you work in different states, there is no new LCA or anything of that sort required. For example, my company has its headquarters in California, but I am working in NJ for the last 3 years. I did not have to do anything. However, it is always better to get legal advice on such matters.

Thanks
Varsha
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  #33 (permalink)  
Old 01-08-2008, 02:28 PM
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sb15 is on a distinguished road
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Guys,

I am also trying to find the info on this for long time....here is something I got it from murthy dot com.

Question: Hi, Ms. Murthy. If a job location is changed from the one described in the H-1 and the H-1 amendment is not filed, will I be out of status?

Answer: The employer and employee are safest to file an H1B amendment, though the INS/USCIS regulations seem to at least require the filing of a new LCA with the new work location. There is some discrepancy between the Department of Labor regulations and the USCIS regulations, but the safest course is to file an H1B amendment without an extension, which is generally not expensive for an employer, since the only USCIS filing fees of about $200 should apply (assuming no legal fees with an in house legal team) rather than the standard $1,500 filing fee for any extensions plus the $500 anti-fraud fees, etc. Nov-28-2005.


This is very important information to know,any inputs is really appreciated..

Thanks
Sb
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  #34 (permalink)  
Old 01-15-2008, 05:49 PM
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king37 is on a distinguished road
Question imputs and experiences to share

guys more imputs and experiences are requested to be shared..

in my case its same company, same job but instead of working in corporate office in one state i will be working from hoem in another state where there is a big prevaling wage gap issue.. should amended lca be filled, should hib also be amended as sugegsted above?? once i moved already few years back and never knew and filled amended lca although the company is same but after that two hib extensions are I140 and and I 485 have been filled and never was an issue even when i did not file the amended lca for change of job and change of corporate office location itselff. In present senario its only work from home in diff location but same corporate location.. pl advice
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  #35 (permalink)  
Old 02-26-2008, 10:46 PM
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king37, I am exactly in the same situation as you are. Did you get any more info. thanks
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  #36 (permalink)  
Old 03-16-2008, 07:23 PM
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I spoke recently to a Murthy Law firm attorney regarding this very issue. This is what he said. If the LCA was filed before the change of location took place; then the ammended H1B petition was not necessary. If the LCA was filed after, then that made a petition necessary.

Incase it was filed soon after; then the immigration officer might let it go based on his discretion.
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  #37 (permalink)  
Old 03-16-2008, 08:04 PM
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Default Senior Legal Associate

Under USCIS regulations, when work location changes, it is treated as CHANGE IN CONDITION OF EMPLOYMENT. So it requires filing both LCA and H1B. Many employers do not do that for they do not want to spend filing and legal fees associated with it. But if you want to be safe, you should ask your employer to do it. Safety is an issue in terms of compliance with regulations. Always remember that USCIS will forgive minor violations but will not forgive noncompliance to regulations. For example when your H1 was filed you were working in Reston, VA. But later you changed to a client working in Herndon, VA (about 4 miles away) and did not file LCA or H1, this is still a violation but minor and USCIS will let it go because metro area is the same. But let's say you moved from Reston, VA to San Jose, CA this is a major change because you moved across state lines to different county where your prevailing wage is also bound to be different. Neither DOL nor USCIS will condone this. How will this effect you? Let's say you applied for GC and were selected for interview and USCIS asked you to get last 1 year paystubs which shows you were in CA while H1 says you were working in VA. USCIS WILL TREAT EMPLOYMENT AT CA AS UNAUTHORIZED and can deny your I-485. There is no use in appeal too. SO BEST RECOMMENDATION IS COMPLY WITH THE REGULATIONS.
Jagan
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  #38 (permalink)  
Old 03-16-2008, 10:19 PM
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How about the "Unanticipated Multiple locations" strategy used by most consulting firms?
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  #39 (permalink)  
Old 03-16-2008, 11:19 PM
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My company filed for new LCA as well as H1B amendment couple of weeks ago since I work from home but my client is in different state.
FYI, I changed employer in Oct 07 and had my H1B approved for new employer in December '07.
- Bhatt
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  #40 (permalink)  
Old 10-22-2008, 12:45 PM
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Default Information from Murthy.com

4. H1B Wage & Location of Work : One should file a new LCA for an H1B petition for each site (even in the same state, unless it is within the same Metropolitan Statistical Area or normal commuting distance), because the prevailing wage for H1B purposes depends on the job duties and location. If the LCA is not in place before the change of location, it may be necessary to amend the H-1 petition to reflect the new location.


http://www.murthy.com/h1bstvi.html
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  #41 (permalink)  
Old 10-22-2008, 01:34 PM
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Quote:
Originally Posted by king37 View Post
what if empoyer remain in same state and I work from home in another state
Even if you work for the same employer/client and you just change your work location ( including working from home), your employer need to file an LCA.

If you are in a commutable distance from your previous work location, you need not file an LCA.
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  #42 (permalink)  
Old 04-21-2009, 05:05 PM
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avivesh is on a distinguished road
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Hi,
I need your help immediately as i am leaving US in coming two days.

I am going on vacation for 1 week. I am employed in US but my client has changed.
Though, my employer has filed for amendment of my H1B visa for new client just a week back but i do not have any legal documents with me to prove to security officials at port of entry that my company has filed for amendment already. Though i 'll get the copy of filed petition before i leave for US and might also get the copy of new LCA but still i will not have receipt from USCIS because it takes apprx 3-4 weeks for getting receipt after filing the h1b amendment.
Please tell me what can be the worst case of scenario?
Will i have any problem at port of entry?
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  #43 (permalink)  
Old 10-01-2009, 02:00 AM
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shossain2009 is on a distinguished road
Default H1b amendment needed when going from part-time to full time???

Since 2007, I worked full time under an H1B. Due to the economy, I started to work part time for the same company since early 2009. A new I129 and LCA were filed and approved. Got a new I94 with same expiration dates. No extentions.

Soon, I will be retained on a full-time basis once again. Some are telling me to file I129 H1B amendment petition and also new LCA. Others tell me that my original LCA from 2007 is good enough and so absolutely no paperwork needs to be filed. Who's correct?!

Very stressed and frustrated. Anyone out there know what to do???
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  #44 (permalink)  
Old 10-01-2009, 09:42 AM
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They are making life miserable for H1B holders. The more I read these kind of threads the more I feel like switching to EAD.
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  #45 (permalink)  
Old 10-01-2009, 01:12 PM
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Quote:
Originally Posted by rockstart View Post
They are making life miserable for H1B holders. The more I read these kind of threads the more I feel like switching to EAD.
The rules have been like this since the beginning of H1B. I have a friend in
PriceWaterhouseCoopers. They file a separate LCA if the location changes
around 50 miles.

A lot of the Body shoppers were merrily abuse this rule for more than a decade. Now with the new enforcement climate, all those
chickens are coming home to roost.

I know these are onerous rules. The business model is now broken.
In the past few years the financial and other companies would typically "outsource" the burden of following these rules
to body shoppers (who would typically violate them). Now that gravy train is ending.

Actually if a company has to follow the H1B rules to the letter, they are so complicated that it make hiring an H1B too
burdensome.
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Last edited by go_guy123; 10-01-2009 at 01:32 PM.
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