H1-B LCA Applied for Wrong work Location

[pgudur12]

Hi All,

Any one in this situation? First Time H1-B application from EAD to H1-B

LCA was applied XX location instead YY(current work) location.
and this is because of XX work location mentioned in contract letter.

I have paystubs running on YY location.

I got RFE for Multiple LCA Locations?


Is really LCA is going to be a problem for me in this situation for my approval?

Can any one please share some information.

[shervin143]

LCA need to be applied for the location where you are currently working. It is ofcourse an issue if you don't have a proper LCA approved prior to filing the H1B petition.

[pgudur12]

shervin,

thanks for the reply.

What if I really work in XX location and paystubs running on YY location.

what would be explanation to over come this situation to USCIS.

I appreciate ideas on this please

thx.....

[shervin143]

If you are working for XX location, then the payrol should be generated for XX location and the tax should be deducted for XX location. If your employer runs the payrol on YY location and deduct taxes for YY location, that is straight illegal.

[pgudur12]

Shervin,

Thank you very much for the reply.

My attorney sent RFE explaining about this, what they explained I don't know.

I have to see what happens.

Thx...

[txh1b]

If you are working for XX location, then the payrol should be generated for XX location and the tax should be deducted for XX location. If your employer runs the payrol on YY location and deduct taxes for YY location, that is straight illegal.

Depends on the employer having an employer id in the state where the consulting person is employed. Lot of small time consulting companies do not go through the hassle and run payroll from their home office location.

The consulting employee in return can possibly correct this situation at the end of the year by paying taxes to the correct state and requesting refund from the other state where the employer is located.

However, this does not resolve the labor/immigration issue but just the taxation issues are resolved by doing so.

[pgudur12]

txh1b,

Thanks for the reply,

Hope I will get approval, nothing to do now.
anything after decision, this is killing......

Thx...