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Amended H1B and / or new LAC ?

Los Angeles, CA |

I am currently on H1B visa for one year . My employer offered me a new position in the same department and in the same location . The new job is in the same field ( information technology ) but the job description is slightly different . My current job targets IT user support and analysis and the new job targets IT network support . Somewhere there the jobs overlap . My current job involves network support . The new job will involve user support . 1 . Do I have to get an amended H1B , a new LAC , both , or none ? 2 . What is the cost of each ( H1B , LAC ) ? 3 . Can I start working on the new position after I receive the receipt or just after I get the approval ? Thank you very much .

Attorney Answers 4


  1. Best answer

    I agree with attorney Pollak. You need to tell you employer to get an immigration attorney on board. There are plenty in LA. If they already have one, you may want to start with one. You do need to file an amendment to your H1B. Receipt will be sufficient.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  2. Consult with counsel who can examine both jobs. If it is only slightly different you do not need to file an amended H or new LCA


  3. Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. I agree with my colleagues. You should not be worrying about this issue at all. The company should consult with an immigration attorney regarding the steps to be taken to ensure compliance with regulations. This is not your job; especially inquiring about costs associated with these filings as the employer is required to pay for them.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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