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  #1  
Old 02-09-2011, 02:17 PM
Vinny Vinny is offline
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Default H1-B - change of location within the state, no change in employer

Hi,

My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?

Please help.

Thanks.
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  #2  
Old 02-09-2011, 02:31 PM
HRPRO HRPRO is offline
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You will have to file an amended petition to be in compliance.

The PW could be different and you can check that on the OES website at flcdatacenter.com

Hope this helps.
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  #3  
Old 02-09-2011, 04:08 PM
roseball roseball is offline
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Originally Posted by Vinny View Post
Hi,

My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?

Please help.

Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
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  #4  
Old 02-09-2011, 04:15 PM
HRPRO HRPRO is offline
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Originally Posted by roseball View Post
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Roseball,

I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

HRPRO
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  #5  
Old 02-09-2011, 04:20 PM
roseball roseball is offline
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Originally Posted by HRPRO View Post
Roseball,

I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
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  #6  
Old 02-09-2011, 08:12 PM
krishmunn krishmunn is offline
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Originally Posted by roseball View Post
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
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  #7  
Old 02-10-2011, 09:12 AM
mk26 mk26 is offline
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Originally Posted by krishmunn View Post
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Is this in same county? If so then you may not need amendments..(not sure though)
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  #8  
Old 02-10-2011, 10:29 AM
HRPRO HRPRO is offline
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Dude Really?

LA and Bay Area in the same county?
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  #9  
Old 02-10-2011, 10:31 AM
HRPRO HRPRO is offline
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Originally Posted by krishmunn View Post
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Krish,

it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

HRPRO
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  #10  
Old 02-10-2011, 10:47 AM
krishmunn krishmunn is offline
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Originally Posted by HRPRO View Post
Krish,

it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

HRPRO
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
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  #11  
Old 02-10-2011, 01:46 PM
HRPRO HRPRO is offline
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I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
You should be good Krish
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  #12  
Old 02-10-2011, 02:17 PM
Irs Irs is offline
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If there is a change of work location (address), amendment to the existing LCA or new LCA should be filed/certified for the new work location/address. No Exceptions.

I went through this last year as one of my work location moved about 5 miles from one of my previous location. Our company lawyer mentioned that if there is a change of work location address on what was mentioned on your previous certified LCA, amendment to the existing LCA or new LCA should be filed/certified. As the LCA is for specific work location(address) that is entered in detail when LCA is submitted.

Last edited by Irs; 02-10-2011 at 02:41 PM.
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