Can we have 2 LCA for H1B extension?

The LCA Application Process It is important to note that an employer can file one LCA for multiple H-1B employees as long as they are all going to be working in the same position (such as filing one LCA for five software engineers).

Can we file H1B amendment and extension together?

To file an amended H1B petition, the employer must file Form I-129 to notify USCIS of a material change to the H1B employment. Filing for H1B extension of stay is not the same as filing an H1B amendment, although both actions require filing Form I-129.

Do we need to file LCA for H1B amendment?

According to the INS Adjudicator’s Field Manual, if there were no ‘material changes’ within the terms and conditions of employment, an H-1B amendment was not mandated. It was, however, required to obtain a Labor Condition Application (LCA) for the new area of employment before relocation.

Can two employers file H1B for same employee?

An employer cannot file more than one H1B petition for the same employee/beneficiary, if the employee petition is subject to H1B cap. USCIS clarifies that they consider companies filing H1B petitions as “related entities”, as long as they all apply for the same job or similar position at the same client.

Can I have two LCA?

You can have multiple LCAs approved from different employers for different locations. No issues.

What happens if H1B amendment is not filed?

Failure to apply for an H1B visa amendment if one is necessary may compel the USCIS to take strict action against both the employer and the candidate. The repercussions could be so severe that the candidate might lose their H1 visa status and will need to be deported.

What happens if amendment is denied?

If your amendment is denied, your original petition still stands assuming that you continue to satisfy the conditions of your original petition.

Can you reuse an LCA?

The existing LCA can be reused but the problem is that your H1B 3 year application will not be approved for more time than the end date mentioned on LCA. So, most companies would file a new LCA if the last one was approved more than 6 months ago.