Is New Lca Required For H1b Extension

I am in the 5th year of my H1B (expires in mid-2018). Anytime your current (or any other) employer seeks to petition for the extension of your current H-1B status, just like before, a new LCA needs to be filed by the employer and be certified by DOL. An H1B employer must file an amended or new H1B petition whenever a new Labor Condition Application (LCA) is required due to an H1B location change. H1b Extension Processing Time. This Form must be submitted by the employer or by someone authorized to act on behalf of the employer. Obtaining a H1B visa can be a tedious task for a newbie. The change in location also means that the employer will have to file an amended H1B visa petition before transferring the employee to the new worksite. 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. Do I have go back to my home country to get the H1B visa stamping? Answer, If you hold H-1B visa or L1 visa, you may need to get the re-stamping upon the extension of your expired H-1B visa or L1 visa. • Labor Condition Application (LCA) Requirement: The H-1B petitioner must obtain a certified LCA from the U. A copy of the LCA is acceptable. Big blow for H1-B holders! New rule makes it easy for US to deport foreign nationals if visa extension gets rejected The United States' latest move could hit thousands of Indians who wanted an. A case by case evaluation will be required. [2] There are NO OTHER worksite addresses mentioned in my CURRENT LCA. With extensions of H1B status, Cornell may be able to employ the individual for 240-days while the extension case is pending with USCIS; please consult with the OFFICE OF GLOBAL LEARNING. The CIS also takes the view that an amended petition must be filed and approved whenever a new LCA is required. H1b extension processing time continues to take roughly up to 15 days. It is important to note that the H-1B employer must still post the original LCA in the new worksite location within the same MSA or area of intended employment. One step in this process is the LCA Notice of Posting. A certified Labor Condition Application (ETA Form 9035), is a prerequisite to H1B approval. The department must submit a new H-1B questionnaire which OISS will use to file a new Prevailing wage determination (if needed) and a new Labor Certification Application (LCA). Unless specifically exempt under the law, the employer must pay USCIS filing fees. Filing an LCA is a crucial step in the process of starting a new job in the US on your H1B visa. However, keep in mind that the H1B is a wholly different animal — the H1B Visa Requirements are similar and the “specialty occupations” part is identical, but there are some key differences. H1B Visa application (New, Extension or Transfer) cannot be filed with USCIS without an Approved LCA from the Department. The LCA is filed by your prospective employer on your behalf which states the various factors of your job such as pay and working conditions. You must have heard from your employer about LCA for H1B Visa. When an H1B visa holder receives a new job offer, it is important for both the employee and the employer to recognize that there is no such legal process as the “H1B visa transfer. Department of Labor (DOL) approval in order for an employer to file an H1B petition for a temporary professional worker. The LCA specifies the dates of your employment, your minimum annual or hourly salary, your job title and the address(es) of your employment. H1B visas are temporary immigration visas offered to aliens in specialty jobs or occupations. The LCA (Labor Condition Application) is a document filed with the Department of Labor that takes between 7 to 10 days to process. Select ‘H1B – New’ to find employers who filed LCAs for fresh H1Bs and went took the risk on lottery. This is my opinion not legal advice. An employer has the option to use either a single Form ETA-9035/9035E or multiple forms to disclose all intended places of employment. In I 129 it is Marked as "Change in previously approved employment". The amended LCA was always required for location changes, but a legal case added another layer of compliance for H1B visa sponsors. To debunk another myth tell the employer you are willing to work for half the pay or minimum ($60,000/yr required for H1b). In any case, The U. For employers with more than 50 employees, where 50% of them are on H1B or L visas, there is an additional fee of $2,250 which the employee/applicant has to pay; Submit required documents for H1b Visa. Passport – All original passports including old and expired. The existence of an LCA alone does not provide authorization to work for a second employer. In order to obtain the H1B extension of status in the United States, the foreign national beneficiary must show that s/he is in status at the time of filing. A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. new job title, new job description, new site of activity, promotion, transfer to another NU department, different hours per week), you are required to submit H-1B Amendment paperwork and receive a USCIS Receipt Notice before any change occurs. If your employer has a different position available, then they could file a new H1b extension petition for it. The main difference is the work you will do and the level of expertise required. Is it an issue, or not an issue as I 129 is accurate. Citizenship and Immigration Services (USCIS). Foreign individuals themselves cannot apply for an H1-B visa to allow themselves to work in the US. However, your. This Department of Labor, Employment and Training Administration (ETA), electronic filing system enables an employer to file a Labor Condition Application (LCA) and obtain certification of the LCA. Does my new company has to file LCA again for me or my old LCA is fine ? If they have to file new LCA, can do they along with applying for H1-transfer. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Even if the H1B Extension petition is not. If you are looking for Visa stamping in US Embassy, then you should follow the H1B Visa Interview Documents. No amendment petition is required either. H1B is an employer's petition and your H1B extension need to be filed by your employer / employer's attorney. Form I-539 for the applicant’s spouse and dependent children. Continuing employment after any changes to the position are implemented without filing of the required notice to USCIS could be considered an immigration status violation for the H1B beneficiary and can result in severe fines and penalties to the employer. So your employer prepares a new Form ETA 9035 Labor Condition Application (LCA) if you are just going to do a new E-3 visa via a renewal or change employers and get a new visa. In I 129 it is Marked as "Change in previously approved employment". In order for the H1B extension to be considered a timely filing, the extension petition must be received by USCIS prior to the expiration date of the current status. LCA is required for each H-1B petition. Why do we need LCA? ETA 9035 or LCA is the most important form for filing H-1B petition and other applicable visa for foreign nationals. Why Convert to H1B Visa? An H1B visa is issued to people who wish to work in the US and have the required educational and professional skills to do so. Does my new company has to file LCA again for me or my old LCA is fine ? If they have to file new LCA, can do they along with applying for H1-transfer. At present, employers are only required to list the addresses for all intended worksites. Once it is submitted you can not supplement with a new letter. The second major change is the addition of a new question in Section H that applies to H-1B employers who are either H-1B dependent or willful violators and will be using the LCA only to support H-1B petitions or extensions for exempt H-1B nonimmigrant workers. [A]n October 23, 2003 Letter from Efren Hernandez III, Dir. I would make sure to check consulate website to make sure there is no additional documents needed but generally the documents are: 1. Changes have been made to the terms and conditions of the H1B worker's employment. As there are additional requirements for H1B transfer petitions, it is recommended for employers and H1B workers to consult with an immigration lawyer prior to taking any action. The Labor Condition Application (LCA) is filed with the Department of Labor on Form ETA-9035. If my new H1B after amendment is given for lesser duration than my wife’s existing H4-EAD, do I have to apply H4 /h4 EAD again with my H1B extension, at the time it is due? Does filing H1B amendment require renewing H4-EAD too?. H-1B Requirements; Positions eligible for H-1B sponsorship must be offered at 100% with benefits for at least one year. This does not apply for h1b extension of H-1B status can to change from to H-1B. Employers of any H-1B, H-1B1, and E-3 nonimmigrant workers are required to make a filed LCA and its supporting documentation available for public inspection at the employer's principal place of business or at the place of employment of the H-1B/H-1B1/E-3 nonimmigrant workers within one working day after the date of submission of the LCA. Since there is a location change, my employer applied for new LCA, but did not apply for H1b amendment. In this document, the employer attests to standards to which it will adhere. and Trade Branch of USCIS, Mr. com H-1B Requirements – Zhang & Associates, P. com H-1B Requirements - Zhang & Associates, P. My company lawyer's have filed a LCA for the new work location but say H1B amendment is not required. The LCA filed and certified as part of the H1B program should not to be confused with the labor certification, also known as a PERM application and filed as part of the green card process. A copy of the LCA is acceptable. My employer filed online for an LCA on the new portal for an H1B extension application. Big blow for H1-B holders! New rule makes it easy for US to deport foreign nationals if visa extension gets rejected The United States' latest move could hit thousands of Indians who wanted an. » H1B Visa Filing Procedure - for H1B Premium Processing » List of H1B Documents Required for H1B Visa Petition Filing » H1B Visa Fees and Costs for Filing an H1B Application » H1B Visa Transfer - How to Transfer an H1B to a new Employer » Multiple H1B Visas - Rules for Holding Multiple H1B visas for multiple Employers. How does a company sponsor H1B visas? This question was originally answered on Quora by Matthew Faust. Under current guidance, employers are not required to file a new LCA or an amended H-1B visa petition for a new employment location that is also covered by the existing LCA. Should a H1b amendment required in my case?. My employer had already submitted a LCA (but the dates mentioned in the LCA did not match with my I94) and a RFE was generated for which my employer sent a new LCA. H1b handling times used to associate with 4 months. H1B Visa application (New, Extension or Transfer) cannot be filed with USCIS without an Approved LCA from the Department. Denial was for H1B Amendment + Extension. Given the new normal, Mehta suggests H1B extension petitions should be filed well in advance of the expiry date - the law allows six months prior - so that a decision or general tilt is known while the applicant is still in status. If it's approved, USCIS may still ask to get a new visa stamping by going out of the country. H1B Visa Renewal – Extension H1B visa status can be granted initially for up to three years, and then can be extended for another three years. Hello My employer filed H1B in Jul 2011 when I was working with client A. An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U. The position needs to be paid by UCI for at least the prevailing wage set by the Department of Labor (DOL). You cannot shift to Company B in 2008 because the visa validity (H1) ends in September 2007, and hence, the only option you have is to join Company B on the H1 and then extend your visa immediately. Anytime your current (or any other) employer seeks to petition for the extension of your current H-1B status, just like before, a new LCA needs to be filed by the employer and be certified by DOL. Your employer will need to file a new LCA at the time of your H-1B renewal. new job title, new job description, new site of activity, promotion, transfer to another NU department, different hours per week), you are required to submit H-1B Amendment paperwork and receive a USCIS Receipt Notice before any change occurs. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. I am in the 5th year of my H1B (expires in mid-2018). The new markup introduced by HTML 4 is not well supported by current browsers, but much of it can be used safely in non-supporting browsers. In either case, you could have used the 240 day rule to stay in US as your REQUESTED H1B extension end date would have been greater than those 240 days. Additional fees. We keep our databases updated daily with Latest LCA Filings from Department of Labor. The start date requested on an H1B visa extension must be after the time when the Labor or I-140 petition has been pending for over 365 days. work visa that permits companies or industries to employ foreign workers in specialty occupations where a graduate university degree is required and the employer makes the job offer and when he wants to hire you, he applies for your H1B visa petition with the US immigration department. | H1B Attorneys in New York, Houston, Silicon Valley, Seattle, Chicago, Austin, Los Angeles and Madison. It is a Extension with "Change in previously approved employment". If there is already an LCA in place for a new location, an amended H-1B petition is not required if the occupation and duties are the same, since this was suggested by the formerly named Immigration & Naturalization Service (INS). The H1B Visa Petitions is the number of Labor Condition Application(LCA) for H1B Visa. The USCIS concluded that a new Labor Condition Application (LCA) and amended petition were required because the changes in the applicant’s work placement was a “material change. Your employer will need to validate the fact that the business has enough funds to pay "market wage" for you as this is one of the requirements. H1B visa program and what can we look forward to in the new year? Foreigners view the H1B visa as the golden gate to furthering their career, starting a. You must have heard from your employer about LCA for H1B Visa. Just like in the case with an LCA transfer, you cannot renew your Labor Condition Application. An RFE could be issued in a situation when the visa holder has reached the six-year limit of the visa. Premium processing is suspended, there are new LCA requirements, and the lottery selection process may be changing. This file is intended to provide additional explanation for the way the employer filled the Labor Condition Application. e H1B visa checklist in the proper order at the interview for employers. It will be the responsibility of either the department or the beneficiary to provide IFSS a copy of the credential evaluation. An H-1B extension, in most cases, is similar in paperwork requirements as an initial H-1B. A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. My company lawyer’s have filed a LCA for the new work location but say H1B amendment is not required. You need to have a valid LCA to file the H1B extension. In transfer cases, the applicants do not have to wait until the transfer is approved. company with a capacity to hire, pay and provide. If extending the stay through USCIS, your employer has to prepare a new Form ETA 9035 Labor Condition Application (LCA) and Form I-129. Only then will employer be able to proceed and file the H-1B extension petition with CIS, which in this instance, since you have an already approved I-140 will for 3 additional years. Employers of any H-1B, H-1B1, and E-3 nonimmigrant workers are required to make a filed LCA and its supporting documentation available for public inspection at the employer's principal place of business or at the place of employment of the H-1B/H-1B1/E-3 nonimmigrant workers within one working day after the date of submission of the LCA. Department of. Your employer may file another H1B Extension immediately upon approval, please note that H1B extension is NOT an H1B amendment. Questions and answers for H1B visa application - detailed H1B visa application process and all required H1B visa forms, H1B Visa Questions, Questions and Answers for H1B Visa Application. H1B visa transfer is similar to filing a new H1B visa petition on behalf of you seeking the H1B status extension without rejection of the H1B cap (Annual quota or visa limit). • The H-1B visa applicant must have a bachelor’s degree or above, and/or the equivalent in work experience as required in the offered specialty occupation. salary, job title, etc. In order for the H1B extension to be considered a timely filing, the extension petition must be received by USCIS prior to the expiration date of the current status. New employer, same position. The position needs to be paid by UCI for at least the prevailing wage set by the Department of Labor (DOL). Still pending. Thus, an amended H1B is required if an employee goes to work for a new employer, or when the job duties change substantially, or when the employer mergers with another company to create a new company. H1B visa is given to individuals who have been employed by an organization within the US. Then on November 19th, 2018 the U. What is LCA for H1B Visa? LCA stands for Labor Condition Application. An employer is required to submit form 9035 or LCA (Labor Condition Application) to the Department of Labor. The labor condition application (LCA) is important to many employers and foreign workers in the United States, as it is a part of the H1B petition filing process. ? Dont understand the question 4. Cap Exempt New H-1B If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B. The situation The Department of Labor will implement a new edition of Form ETA-9035 - the labor condition application required for all H-1B, H-1B1 and E-3 employment - on November 19, 2018. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Now, arrange all the H1B Visa interview documents i. Follow these steps to apply for H1B visa extension - Your employer will need to file a Form I-129 on your behalf along with the H Supplement and supporting documents. Does my employer need to file an amended LCA and H1B when salary decreases from 92k to 70k? LCA and H1B Visa: Rahul Majithia: 3: 18 September 2019 - 07:01 AM Last Post by:James45: One year break between HIbs Are short visits to USA allowed during one year break between old h1b (6 years cap reached) and new h1b ? If so, how would you define. Changes have been made to the terms and conditions of the H1B worker's employment. Hi, I will be applying for my H1B extension in next month (April 2017). H1B workers may begin and continue to work for their new employer while their transfer petition is being processed. The employer should file an H1B amendment in any of the above listed cases. As there is huge demand, I do not know whether I will get new H1B or not. The employer must also document compliance with the LCA requirements in a public access file. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. How to find H1B minimum/ LCA prevailing wage for a Job in US Location? In H1B Visa by Kumar Updated : April 1, 2019 200 Comments One of the biggest things to consider, when you apply for Labor Condition Application ( LCA ) to file H1B visa is to look at the minimum wage or prevailing wage in the area you plan to work on H1B visa. When obtaining an H-1B, it's important to remember that the visa is granted in order to benefit the US enterprise - not the beneficiary. Questions and answers for H1B visa application - detailed H1B visa application process and all required H1B visa forms, H1B Visa Questions, Questions and Answers for H1B Visa Application. However, since this would be a second or a subsequent extension, employer pays $325. Matter of Simeio Solutions, LLC, set forth strict requirements on when a new or amended H1B petition is required after a petitioner moves an H1B employee to a new worksite. New employees must report to the ISSO within three days from the start of employment. I talked to him about any answers from the USCIS. Even if the H1B Extension petition is not. A copy of the LCA is acceptable. It has never been mandatory to list the name of the entity associated with those worksites. Check out this guide to learn all about LCA filing, LCA processing time, checking your LCA status, and how long your LCA approval time will be!. An H-1B extension, in most cases, is similar in paperwork requirements as an initial H-1B. Obtaining a H1B visa can be a tedious task for a newbie. If, however, the new worksite is outside of the MSA and outside of normal commuting distance, a new LCA is required. In LCA it is marked as "Amended Petition". extension, a new LCA is not necessary for that extension petition, provided NO changes (including work locations, hours, title, salary and job duties) in the H-1B employment are planned for the duration of the extended approval period. A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. ) may require a new LCA. Anyone who knowingly and willingly furnishes false information in the preparation of the Form ETA- 9035 or 9035E and any supplement. In transfer cases, the applicants do not have to wait until the transfer is approved. When a new LCA and Amended or New H1-B Petition are Required Simeio requires H1-B employers to file an amended or new H-1B petition when an employee moves to a new geographical area, such that a new LCA (Labor Certification Application) is required, because this is a “material change” in the terms and conditions of employment. H1B sponsors must also attest that they will give the H1B visa holder the same medical and other benefits as their other employees. The H-1B visa is used for the temporary employment of noncitizens in specialty occupations. The H-1B employment that you request on your H-1B extension petition MUST coincide with the LCA employment. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H1B 'specialty occupation' classification. A certified Labor Condition Application (ETA Form 9035), is a prerequisite to H1B approval. H1B Extension of Stay Process H1B status may be granted for an initial period of 3 years. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Keshab Raj Seadie is a reputed H1B Visa Attorney in NYC. Last week we got an official update from that USCIS completed data entry for H1B petitions. The H-1B employment that you request on your H-1B extension petition MUST coincide with the LCA employment. The move could directly stop hundreds of thousands of foreign workers from keeping their H-1B visas while their green card applications are pending. Discussion in 'H-1B Holders in the U. The petition was eventually sent to the U. Note that a person's eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed. Read Here From USCIS Website - H-1B Fiscal Year (FY) 2016 Cap Season. Please note that the LCA may be valid for a longer period than the Form I-797. Continuing employment after any changes to the position are implemented without filing of the required notice to USCIS could be considered an immigration status violation for the H1B beneficiary and can result in severe fines and penalties to the employer. Should a H1b amendment required in my case?. For employers or employment agencies to hire a foreign individual under H1B visa status, they must first accomplish an LCA and submit it to the US. H1-B visa application process will be done from LCA form to the H1B visa lottery system. Under H1B Visa requirements, the company, organization or the employer is the petitioner, it has to file H1-B petition for hiring the employee, while the foreign worker is the beneficiary. If there is already an LCA in place for a new location, an amended H-1B petition is not required if the occupation and duties are the same, since this was suggested by the formerly named Immigration & Naturalization Service (INS). H1B workers may begin and continue to work for their new employer while their transfer petition is being processed. Employer will Submit Labor Conditions Approval (LCA) After you find your sponsor. Know Process and Requirements for the US H1B visa in 2019 for Indians. The employer should file an H1B amendment in any of the above listed cases. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. An attorney in our office would be happy to assist you. The LCA is a formal declaration filed by the employer (JOHNS HOPKINS) with the U. This Form must be submitted by the employer or by someone authorized to act on behalf of the employer. Why do we need LCA? ETA 9035 or LCA is the most important form for filing H-1B petition and other applicable visa for foreign nationals. Employers who file an LCA are required to make several attestations regarding the proposed H-1B's wages and working conditions. Hello, I have a couple of questions regarding the possibility of getting H-1B extension based on I-140 approved with previous employer. Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly. Because USCIS requires you to submit a certified Department of Labor LCA (Form ETA 9035). A new LCA posting (and not the LCA approval from DOL) is required if you change your end-client or work location within same MSA. As RNXT is expert in on-time filing of H1B Visa Petition, there will not be any expected breaks in the H1B Status. You must have heard from your employer about LCA for H1B Visa. H1B visa stamping in the passport is needed for a foreign national to enter or reenter the United States as an H1B worker. H1b premium processing receipt. Step 1: File a new Labor Condition Application (LCA) with the Department of Labor. Just like in the case with an LCA transfer, you cannot renew your Labor Condition Application. You need to include a copy of certified LCA along with your H1B application package sent to USCIS. Questions and answers for H1B visa application - detailed H1B visa application process and all required H1B visa forms, H1B Visa Questions, Questions and Answers for H1B Visa Application. Does new LCA and H1b amendment required when moving from once client to another? Hi, currently I am working for Client-A Prime Vendor My Employer. Department of Labor (DOL) approval in order for an employer to file an H1B petition for a temporary professional worker. This is why finding an eligible employer that is willing to sponsor is usually the hardest part of getting a h1b visa. The H1B Visa Petitions is the number of Labor Condition Application(LCA) for H1B Visa. LCA is Required for H1B Visa Application. The copy can be given when the extension is filed with USCIS, or, if it is your first petition, no later then the first day of employment. This Form must be submitted by the employer or by someone authorized to act on behalf of the employer. The USCIS concluded that a new Labor Condition Application (LCA) and amended petition were required because the changes in the applicant’s work placement was a “material change. H-1B dependent employers are required to indicate their H-1B dependency status each time the employer files an LCA to support an H-1B petition, for either a new employment application or for an extension of a current employee’s H-1B status. Which is correct. No amendment petition is required either. When an H1B visa holder receives a new job offer, it is important for both the employee and the employer to recognize that there is no such legal process as the "H1B visa transfer. Because USCIS requires you to submit a certified Department of Labor LCA (Form ETA 9035). Maintaining H-1B Status during Corporate Changes Whether it is a merger of two or more companies or a spin-off from within a company, routine corporate restructuring processes involve a myriad of highly complex issues. Changes in employment conditions (e. USCIS New Policy: Time spent in H-4 and L-2 does NOT count against H-1B and L-1 Time Limit. The extension is generally completed 1 to 6 months in advance of the expiration of the current H1B. , or in H-1B status. New changes to H1-B Visa process catalyzes immigration to Canada The uncertain fate of the immigrants to USA is driving more and more people to apply for Immigration to Canada , which has all through 2017 maintained a polar opposite stance to that of immigration to USA. What are all new changes in the LCA posting for H1B 2015 cap answered Dec 3, 2014 in H1B: LCA issues by admin | 1,075 views what-are-all-new-changes-in-the-lca-posting-for-h1b-2015-cap. H1B visa transfer is similar to filing a new H1B visa petition on behalf of you seeking the H1B status extension without rejection of the H1B cap (Annual quota or visa limit). H1B visas are temporary immigration visas offered to aliens in specialty jobs or occupations. Passport – All original passports including old and expired. • The H-1B visa applicant must have a bachelor’s degree or above, and/or the equivalent in work experience as required in the offered specialty occupation. H1B Visa Salary database, easily search salary records by employer, job title, or location. The department must submit a new H-1B questionnaire which OISS will use to file a new Prevailing wage determination (if needed) and a new Labor Certification Application (LCA). Just like in the case with an LCA transfer, you cannot renew your Labor Condition Application. Due to a sudden assignment change I have to relocate to Virginia and work for client B. Copies of Transcripts from University Degrees. LCA determines your wage and specifies your job duties and work location. It could also be issued if the visa applicant fails to submit all the supporting documents proving that he/she is eligible for an extension of the H1B visa or for the benefits of AC21. What are all new changes in the LCA posting for H1B 2015 cap answered Dec 3, 2014 in H1B: LCA issues by admin | 1,075 views what-are-all-new-changes-in-the-lca-posting-for-h1b-2015-cap. This is why finding an eligible employer that is willing to sponsor is usually the hardest part of getting a h1b visa. Does my employer need to file an amended LCA and H1B when salary decreases from 92k to 70k? LCA and H1B Visa: Rahul Majithia: 3: 18 September 2019 - 07:01 AM Last Post by:James45: One year break between HIbs Are short visits to USA allowed during one year break between old h1b (6 years cap reached) and new h1b ? If so, how would you define. For the benefit of H1B employers and H1B workers, we present here: Key provisions laid down by the USCIS on when to file an amended or new H1B petition. Current H1B visa holders can transfer their visa and begin work for a new employer as soon as the new employer, i. H1B Visa Extension Rule Changes Mean Tougher Approval The H1B non-immigrant work visa continues to attract the attention of the Trump administration, and even without any new legislation there is wave of new rules and regulations. The new memo clarifies several vague rules in place and states that the 1995 memos are not in power anymore. The Advantage of Working with an Experienced Business Immigration Lawyer. I would make sure to check consulate website to make sure there is no additional documents needed but generally the documents are: 1. Copies of University Diplomas. Hi, do we need to file a new LCA for h1b extension or existing LCA few months old can also be used ? any idea ? H1b Extension. extension, a new LCA is not necessary for that extension petition, provided NO changes (including work locations, hours, title, salary and job duties) in the H-1B employment are planned for the duration of the extended approval period. I am in a university as postdoctoral fellow. When obtaining an H-1B, it's important to remember that the visa is granted in order to benefit the US enterprise - not the beneficiary. LCA or Labor Condition Application is part of the application requirements for H1B visas in the US. If you have any spouse or children who also need extensions, then you will need to file the Form I-539 for them. New employees must report to the ISSO within three days from the start of employment. The situation The Department of Labor will implement a new edition of Form ETA-9035 – the labor condition application required for all H-1B, H-1B1 and E-3 employment – on November 19, 2018. USCIS New Policy: Individuals eligible for 7th Year H-1B Extension are NOT required to be in the U. I think no extra 3. Step 1: File a new Labor Condition Application (LCA) with the Department of Labor. Confirm that you're H1B has been sent by the Employer on required dates between March 31 and April 06 by requesting the following information immediately. Confirm that you’re H1B has been sent by the Employer on required dates between March 31 and April 06 by requesting the following information immediately. This document ensures that the employer is paying 95%-100% of the prevailing wage for that position. If you know a little Math find the % of employers calling you back or setting up an interview, my guess is its very close to 0% if you round it up depending on state you live in. How To Check h1b Visa Status Online. How to find H1B minimum/ LCA prevailing wage for a Job in US Location? In H1B Visa by Kumar Updated : April 1, 2019 200 Comments One of the biggest things to consider, when you apply for Labor Condition Application ( LCA ) to file H1B visa is to look at the minimum wage or prevailing wage in the area you plan to work on H1B visa. The copy can be given when the extension is filed with USCIS, or, if it is your first petition, no later then the first day of employment. Assuming that the employer can file an amended or new H-1B visa petition on behalf of the candidate, the first step in the process is filing a Labor Condition Application for Nonimmigrant Workers (LCA) and obtaining certification from the Department of Labor. H1B Visa 2018 season is coming up shortly. The immigration attorney will then compile all of the appropriate forms that USCIS requires, including the Labor Condition Application (LCA). The CIS also takes the view that an amended petition must be filed and approved whenever a new LCA is required. Does new LCA and H1b amendment required when moving from once client to another? Hi, currently I am working for Client-A Prime Vendor My Employer. Employer will Submit Labor Conditions Approval (LCA) After you find your sponsor. • Labor Condition Application (LCA) Requirement: The H-1B petitioner must obtain a certified LCA from the U. A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. for transfers and renewals), a new LCA must be filed. New employer, same position. Then on November 19th, 2018 the U. If you are looking for Visa stamping in US Embassy, then you should follow the H1B Visa Interview Documents. Now I need to move to client B on Mar 15, which is 5 miles away from Client A's location. So, USCIS as part of the Buy American, Hire American Executive Order by Trump are changing the policy of H1B for third-party worksite locations to be in-line with the new policy to protect American workers and stop the abuse of the H1B program. So, it's incredibly important that you understand the process. is considering new regulations aimed at preventing the extension of H-1B visas, predominantly used by Indian IT professionals, as part of President Donald Trump’s “Buy American,. The Trump administration is making it even harder to secure an H-1B visa for third-party companies and staffing firms in a bid to crack down on abuse. The employer must also document compliance with the LCA requirements in a public access file. Now, as of today 6/24 USCIS has not approved my H1b extension and they are requesting an LCA. However, I'm planning to switch my employers at the end of April or start of May and my new employer is applying for my H1b transfer. I would make sure to check consulate website to make sure there is no additional documents needed but generally the documents are: 1. My company lawyer's have filed a LCA for the new work location but say H1B amendment is not required. This guidance was provided to help eliminate filing uncertainties felt by H1B employers. Premium processing is suspended, there are new LCA requirements, and the lottery selection process may be changing. When an H1B is processed, the employer must file a Labor Condition Application (LCA) with the Department of Labor. Also, bookmark our page for latest H1B 2019 updates. USCIS New Policy: Individuals eligible for 7th Year H-1B Extension are NOT required to be in the U. If a new LCA is required, then USCIS's position is that an Amended H1B Petition is necessary. LCA (Labor Condition Application) - The H-1B Visa and Employer Responsibilities. Certified LCAs submitted prior to November 19 will remain valid until they expire. » List of H1B Documents Required for H1B Visa Petition Filing » H1B Visa Fees and Costs for Filing an H1B Application » H1B Visa Extension - Steps to Extend / Revalidate an H1B Visa » H1B Visa Transfer - How to Transfer an H1B to a new Employer » Multiple H1B Visas - Rules for Holding Multiple H1B visas for multiple Employers. LCA is needed because employers have to pay the minimum wage required for that location/standard occupation code/ level of experience. On November 19th, 2018, the DOL updated Form ETA 9035, the Labor Condition Application. Extension of H1B Status. Hello My employer filed H1B in Jul 2011 when I was working with client A. An RFE could be issued in a situation when the visa holder has reached the six-year limit of the visa. This is required as a preliminary step prior to even filing the extension petition. If the location change is significant. Customs and Border Protection (CBP) for admission to the United States in H-1B classification. Select ‘H1B – Extension’ to filter employers who filed an LCA for an H1B that was already selected in the lottery. Only then will employer be able to proceed and file the H-1B extension petition with CIS, which in this instance, since you have an already approved. If you file the extension with the current LCA, then the H1B will be extended (if the extension is approved) only till the LCA expiry date. Overall, filing an LCA with US Dept of Labor is a pre-requisite for filing H1B Visa petition with USCIS. This entire LCA process may take seven days; in this period all your documents are gathered to initiate your H1B petition with USCIS. My current employer is filing for an extension. Maintaining H-1B Status during Corporate Changes Whether it is a merger of two or more companies or a spin-off from within a company, routine corporate restructuring processes involve a myriad of highly complex issues. Citizenship and Immigration Services (USCIS) for more extensive review. Questions and answers for H1B visa application - detailed H1B visa application process and all required H1B visa forms, H1B Visa Questions, Questions and Answers for H1B Visa Application. new job title, new job description, new site of activity, promotion, transfer to another NU department, different hours per week), you are required to submit H-1B Amendment paperwork and receive a USCIS Receipt Notice before any change occurs. Immigration Lawyer H1B Work Visa in NYC - Call our H-1B visa lawyer NYC at 212-571-6002 for an H-1B work Visa in New York City. My employer filed online for an LCA on the new portal for an H1B extension application. Still pending. How to Apply for H1B Visa Extension? To extend an H1B visa, the following documents must be filed at the USCIS: By the employer. Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly. The department must submit a new H-1B questionnaire which OISS will use to file a new Prevailing wage determination (if needed) and a new Labor Certification Application (LCA). Background. The H-1B visa has its roots in the H1 visa of the Immigration and Nationality Act of 1952; the split between H-1A (for nurses) and H-1B was created by the Immigration Act of 1990.