PDA

View Full Version : Client Change - LCA only or with H-1B Amendment or Use EAD instead


Gator
05-12-2013, 08:07 PM
Hi-

I am moving from Ohio to Washington on a new client assignment with the same employer.

Is filing an LCA enough or do I need to file an H-1B amendment, as changing job location outside of Metropolitan Statistical Area (MSA) is considered a material change.

If this has already been answered, can you please point me to the discussion?

I have an approved EAD with an EB-2 priority date of Mar 2005. I have only used H-1B for my employment till now.

To avoid complications, I am debating if I should use EAD for my move to the new location. I am afraid that just filing an LCA, in the event when amendment is also required, will be looked at USCIS as unauthorized employment and might lead to an RFE on my I-485.

Any input from someone who went through a similar situation is greatly appreciated.


Thanks

krishmunn
05-12-2013, 11:35 PM
You need an H1 Amendment as well. Alternately, you can switch to EAD

Gator
05-15-2013, 08:01 AM
Thanks krishmunn for the clarification.

I have a quick follow up question.

I wanted to move to Washington from Ohio because my spouse has a job opportunity there.

Now the client in Ohio is offering me the option to work remotely for 40 hours a week from Seattle.

So everything related to the current H-1B will still be valid, but instead of working at the client location, I will be working remotely from Seattle. I will use AR-11 to move all AOS related pending applications to the new address.

Is this allowed under the rules of H-1B?

Any input is greatly appreciated.

Thanks

krishmunn
05-15-2013, 10:28 AM
Thanks krishmunn for the clarification.

I have a quick follow up question.

I wanted to move to Washington from Ohio because my spouse has a job opportunity there.

Now the client in Ohio is offering me the option to work remotely for 40 hours a week from Seattle.

So everything related to the current H-1B will still be valid, but instead of working at the client location, I will be working remotely from Seattle. I will use AR-11 to move all AOS related pending applications to the new address.

Is this allowed under the rules of H-1B?

Any input is greatly appreciated.

Thanks


I am assuming your home is in same MSA as where you work now . If that is true, technically all you need is post your current LCA in your home for 10 days before you start working. To be on safer side, you might get a new LCA with your home address but per law you need neither a new LCA nor a new H1 if you are in same MSA and same Employer even if the client changes

justice4all
05-15-2013, 11:14 AM
I am assuming your home is in same MSA as where you work now . If that is true, technically all you need is post your current LCA in your home for 10 days before you start working. To be on safer side, you might get a new LCA with your home address but per law you need neither a new LCA nor a new H1 if you are in same MSA and same Employer even if the client changes

What MSA acronym means..

Thanks



------------------
Contributed $250

krishmunn
05-15-2013, 03:17 PM
What MSA acronym means..

Thanks



------------------
Contributed $250

Metropolitan Statistical Area -- look up in Wikipedia