H1B Transfer query regarding LCA requirement - Please help!

[Rennie7676]

Hello!

I work for an IT services company who had filed a H1B petition for me in 2010 for our client ABC. However there were certain unavoidable delays inbetween and that opportunity had passed. Meanwhile my H1B petition was approved but not stamped yet. Now I have an opportunity to travel and work for a different client, XYZ. So my company is now planning to file a H1B Transfer to XYZ.

The complication here is that even though we have all the necessary documents like LCA, Client letter, Transfer Memo, etc. from XYZ to whom we seek the H1B transfer, we unfortunately do not have an LCA from ABC, for whom the H1B petition was originally filed. (They can't post LCA as that project is over now).

Hence kindly advise if LCA must be posted by the original client (ABC) in the H1B Transfer petition even though I will actually be working for the new client (XYZ) after the transfer (who have already posted LCA)?

Eagerly awaiting suggestions from the experts, thank you for your help!

[shervin143]

Your employer should file a new LCA for the new client location and upon approval should file an H1B amendment.
https://www.immihelp.com/h1b-petition-amendment/

[Rennie7676]

Just for clarification purpose, please help!

Thank you Shervin143 for your valuable suggestion!

Just to clarify the point further, what you have suggested is that my employer should file for H1B amendment after filing for LCA at the new location...

But LCA has already been posted at this new location and it's ready to be utilized. Moreover my visa has also not been stamped yet. So in this case, can we not apply directly for visa stamping with this LCA by requesting for a transfer of H1B since my petitioning employer remains the same? Or would you still advise that filing for amendment is the only way to go?

Eagerly awaiting your clarification, and thank you once again!

[shervin143]

I am not sure what you are talking about. Transfer is something that you file when you change your employer. If the employer is the same, then why will you file the transfer? Visa is something that you get stamped in your passport at a U.S consulate. Visa is just an entry document to U.S.

Also I am not sure what you mean by posting the LCA at the new location. What exactly is your situation? Unless you explain it clearly, it is hard to answer.

Thank you Shervin143 for your valuable suggestion!

Just to clarify the point further, what you have suggested is that my employer should file for H1B amendment after filing for LCA at the new location...

But LCA has already been posted at this new location and it's ready to be utilized. Moreover my visa has also not been stamped yet. So in this case, can we not apply directly for visa stamping with this LCA by requesting for a transfer of H1B since my petitioning employer remains the same? Or would you still advise that filing for amendment is the only way to go?

Eagerly awaiting your clarification, and thank you once again!

[Rennie7676]

Sorry, I came across a bit blurry there...

Well let me put forward my case a bit more clearly:

* H1B petition that was filed by my employer for working in our client ABC's location was approved. Since LCA is not available for this location we did not get the visa stamped then.

* Now my employer wants to send me to work in a different client XYZ's location on the above mentioned H1B petition. LCA is posted and ready for this location, we also have the client letter inviting me to work for them at their premises.

So the question is - what does my employer now need to do to procure the H1B visa for me so that I can go and work for our client XYZ at their location?

Hope that's clear, thank you again for your help!

[shervin143]

Are you in U.S now or outside U.S?

[Rennie7676]

I'm outside US... Like I mentioned previously, my visa was never stamped & so I never got to travel & work in US.

[shervin143]

Since the LCA was already filed and approved for the new location, the H1B amendment need to be filed now (By including the new LCA in the list of documents). Once the amendment gets approved, you can attend the visa interview with the amended petition. Once the visa gets approved, you can travel and work @ the client location.

[Rennie7676]

Thanks Shervin143 for your insightful suggestions, you have been of immense help!