H1B extension - Working in a different location than in LCA? H1B scrutiny?

J

justcuriousaa

Registered Users (C)
Hi,

Here is my status.
I am on H1B - 6th year, visa expiring in July 2009.
I have approved Labor and I140 and hence I want to apply for H1B extension now, since I have only 5 months left.

I work for a desi consulting company (around 10 employees) based in Texas.
But I work for client in California for past 3 years.
Since my company is in Texas, they run my payroll from Texas and does not deduct California State Tax.
At end of year, while tax filing, I pay the California tax with interest and penalty.
Also, my H1B - LCA is for Texas state
And my GC Labor Perm is also obtained for Texas.

Now as you know, the H1B scrutiny process is on the peak and there are lot of cases of arrests along with denial of H1B cases.

I also read in one of the immigration forums that " Employees working in a geographical location other than the one mentiones in LCA is a violation"
Also, i read that one of the cases where they arrested H1B employer is because he was running payroll tax in a different state whereas the employee was working in a different state.

Both of these are what my company is doing for me.

1) The question is if I apply H1B extension now, what is the chance of me getting RFE/Denial or worst case arresting or whatever?
I am really confused.
2) What can I do now? Any steps to resolve this?

3) Can I ask my employer to deduct CA tax for me and run payroll from CA and do a LCA for California?
4) If I do so, will it affect my GC process since my Perm(LC) is already certified for Texas?

I am really confused. Please help.
 
do ask your company to file for LCA for H1 extension at texas. Also there are multi location LCA from this year. The problem you stated is correct . USCIS is auditing old Labor applications.
 
H-1 Extension Safety Net

Most people feel that the best thing to do when filing a green card petition is to maintain the underlying H-1B safety net. In your situation, I can certainly understand the challenges.

The main thing to keep in mind when making the decision of whether or not to file your H-1B extension is to keep it simple. The simple facts are that the LCA (Labor Condition Application) is a conditional approval on the particular employment you wish to file with USCIS. This is required as a preliminary step prior to even filing the extension petition. The H-1B employment that you request on your H-1B extension petition MUST coincide with the LCA employment. The H-1B is employment-specific, so the particular county in which the employment will take place must be certified on the LCA prior to petition submittal. However, if you are working within a sixty (60) mile radius of the county listed on your LCA, there is no need to submit multiple locations on your LCA.

If you are going to have more than one location, you should list all locations on your LCA. However, keep in mind that if your employment is not a complete block of employment, but "jumps" from location to location, you may receive a request for evidence to submit an itinerary describing when and exactly where you will be working throughout the entire period of H-1 employment requested.

Amber Triplett
atriplett@usimmigrationandvisasolutions.com
 
Telecommuniting?

Hello Amber,
Does this apply if I'm telecommuting? I live in New Jersey but I work for a company in Washington DC remotely. My LCA is Washington, DC. I'm I at risk?

If so, How can I remedy this for an extension? My first 3 years on the H1B runs out october next year.
 
H1 Extension - RFE

Hi guys,
I got an RFE for my second term 3 years extension. But the problem is we have filed for extension with LCA from NJ state. Now the evidence USCIS requesting is the client letter. Now I got a project in Colorado state.

My question is, when we send client letter i.e from CO state, we need to apply for an new LCA for CO state or I can still answer the RFE with old LCS (NJ)

Is it possible to have to LCA's for the same case of H1 Extension?

Please some one help me in this?

Thanks !
 
Hey Koolguy,
I dont know if I can give you any concrete answer.

As far as I know, LCA is something that has to be submitted before H1B filing.
So, for your H1 extension, you have applied with an LCA for NJ.
Now you are going to work in CO. Changing locations when H1B is applied may trigger a problem.

Better consult with a lawyer.
If you are going to produce a client letter from CO, better to apply for CO LCA and attach it.
Yes, you can have LCA supporting multiple locations.
In my case, I have for Dallas and San Francisco.

If you are going to have too many places, then you must list down the actual itinerary of your work schedule in each location.
 
Hi Justcurioususa

Thanks for your reply..

I think there is little diff in you case and my case. I think you are working in 2 locations at same time.
In my case, I was working at my employer place when I have applied for my extension. But now I'm working for Colorado client.

RFE is about the client details/location to whom I'm working...

1.So I need to apply for new LCA for CO State? or
2.I can just sent CO client letter leaving the old NJ LCA as same?
3.Can we suppose to sent USCIS the new LCA after we receive RFE?

I'm going through my attorney, but even they r confused with this case :(

Can you answer my questions if you have any idea?

Thanks in Advance !
 
You must log in or register to reply here.
Top