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My current place of employment has changed (with the same employer). The new place of employment is 5 miles from the original place of employment. Does my employer need to file a new LCA for me in this case ? What if the employer does not file the new LCA. Do I become out of status ?
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Browsing through the DOL website, I see the following:
What is the geographic area of intended employment?
The geographic area of intended employment means the area within normal commuting distance of the place (address) of employment, or worksite, where the H-1B nonimmigrant is or will be employed.
If the employer requires the H-1B worker to move from one worksite to another worksite within a geographic area of intended employment, must the employer obtain an LCA for each worksite within that area of intended employment?
No. The employer need not obtain a new LCA for another worksite within the geographic area of intended employment where the employer already has an existing LCA for that area. However, while the prevailing wage on the existing LCA applies to any worksite within the geographic area of intended employment, the notice to workers must be posted at each individual worksite, and the strike/lockout prohibition also applies to each individual worksite
Based on this, my understanding is that my employer does not need to file a new LCA
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