H1B - LCA Related Issues - How can we save ourselves ???

[rajpatelemail]

H1B - LCA Related Issues - How can we save ourselves ???

HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.

I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.

** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


Please throw your suggestions to make our H1 system clean and save H1 employees.

[snathan]

Originally Posted by rajpatelemail

H1B - LCA Related Issues - How can we save ourselves ???

HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds

I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.

** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


Please throw your suggestions to make our H1 system clean and save H1 employees.

Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.

[gcdreamer05]

do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

[add78]

Originally Posted by gcdreamer05

do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

Yes, it is MANDATORY for your employer (regardless of where the headquarters are) to issue an LCA amendment that MUST BE posted at the client location (usually by the employee) when you begin work at client site, for 10 days and sent back with date posted, where posted and date removed to the employer (faxed/scanned-emailed/mailed)

[johnwright03]

Originally Posted by rajpatelemail

H1B - LCA Related Issues - How can we save ourselves ???
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.

Are these folks Employees or the Employers...??? I guess they are the employers..!!! but sure this is going to fall on EMPLOYEES too soon..!!! So, Make sure you have proper paper work from your employer, if not fight for the right paper work..!!!

[saran4]

Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

what may be the reason? why they are concerned about the offshore salary?

[snathan]

Originally Posted by saran4

Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

what may be the reason? why they are concerned about the offshore salary?

You should ask these questions to your employer.

[saran4]

hi ,

Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....

[thomachan72]

Isn't there something called I-9 also that has to be maintained by the local HR?
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.

[krishmunn]

I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

*******
655.715 Definitions.

Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H–1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

***

20 CFR 655.734 (a) (2)

(2) Where the employer places any H–1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H–1B nonimmigrant begins work.

(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


****

Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

2) When one move to a different Metro (or out of commutable area), a new LCA is required.

It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.

[krishmunn]

Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.

If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.

[krishmunn]

Originally Posted by gcdreamer05

do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.

[sumobom4]

Hi, I have an approved H1B visa filed with the appropriate LCA for Client A. However, that arrangement hasn't worked out and hence my company now intends to send me to work for Client B in a different location (difference much greater than 50 miles). However, no new LCA has been filed. I am currently in India and will be flying out in Nov 2011. My employer says that they will file for the LCA change after I get there. What should I do in such a situation? I certainly do not want to be a party to something illegal here.