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LCA/H1B amendment - USCIS fees?

Cincinnati, OH |

I am changing my client location from loc x to loc y (not within comm dis) and need to start next week. I understand there needs to be a new LCA/H1B amendment done. What do you mean by new LCA and H1B amendment in a nutshell? Can you please tell me the USCIS fees for the new LCA/H1B amendment?
Note - My current H1B is valid till Feb 2014 my EAD (based on I485/AOS) was approved in April 2012. Currently I am in talks with my employer if I have to be on H1B or the risks involved if I invoke EAD within 6 months of I485 RD (Feb 2012) and work for him (same employer) to avoid cost involved in new LCA/H1B amendment.

FYI,
I also understand this is not the appropriate forum to discuss lawyer fees. I shall be happy to call you and refer you to my employer based on your suggestion for the above

Attorney Answers 3

Posted

You probably do not need to file an amendment petition if your job duties do not change.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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2 comments

Asker

Posted

Hi Gen, Appreciate the response. Job duties are the same except the new client place is 40 miles from my home and/or earlier work place. Earlier work place was 2 miles from home.

Gen Kimura

Gen Kimura

Posted

Your employer needs to file a new LCA and also places 2 notices of filing.

Posted

At a minimum, you employer needs to have a valid LCA for the new location.

Your employer really should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.

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.

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Posted

There are no provisions to amend LCAs. You will need to file a new H1-B petition with that new LCA.

The same $1500/$750 fee that your employer originally paid ($750/employee if the employer has less than 25 full-time quivalent employees) will likely apply. Your employer will probably not need to pay the $500 fraud fee because you are not changing employers.

You should check to see whether your employer already has an LCA for the new worksite. If your employer already has that LCA, then your transfer to that worksite may not require an amended petition.

This is a general answer and does is not intended as final or legal advice. Please consult an immigration attorney to review the specific facts of your case.

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1 comment

Asker

Posted

can this H1B amendment done with Premium Processing, what would be the total cost.

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