H1 Transfer & LCA

[kharenitin]

Hello Sir,

I want to change employer which will require H1 transfer. Currently I work for a consulting firm, and had to relocate several times during last 2 years. Now I have a unique situation - my pay stub shows my address as A, my LCA is for location B and my current residential address is C.

Do you think INS will reject my H1 transfer application for this mismatch? If yes, what can I do to avoid such a situation? My new employer has given me 2 days to send all documents required for H1 transfer.

Regards,
Nitin

 

[ginnu]

Hello Sir,

I want to change employer which will require H1 transfer.
Currently I work for a consulting firm, and had to relocate several times during last 2 years.
Now I have a unique situation - my pay stub shows my address as A, my LCA is for location B and my current residential address is C.
---------- if worked at location B then you may have LCA for location B and you may be staying at address as A, I dont see problem better talk to lawyer who is going to file H1 trasfer
Do you think INS will reject my H1 transfer application for this mismatch? If yes, what can I do to avoid such a situation?
My new employer has given me 2 days to send all documents required for H1 transfer.
----------- talk to new employer attorney who is going to file H1 transfer
Regards,
Nitin

 

[kharenitin]

Thanks for reply.

My problem is that my company is deducting and paying taxes for me in state A, my LCA is for state B and I am currently working in state C.

May be I can get an excuse for not having LCA for state C as I moved from B to C just 1.5 months back.

But what will be the impact of my tax being deducted in state A and LCA for state B? Is INS going to reject H1 transfer application? And if they reject on this ground what options will I have to stay and work in US?

I am hesitant to ask this question to attorney because all my queries will go through HR and many times they just withdraw job offer if they anticipate some complications in H1 transfer case.

What is frustrating is that updating W2 records and getting new LCA are my current employer's responsibility but I will be penalized for these. I could have proactively asked for these things but was unware until now.

Any clarification/advice will be of immense help.

Regards,
Nitin