Cap Exempt petition: Address in SOW and MSA is different from one mentioned in LCA. Is it problematic?

Hi Kumar / Saurabh,

I have one query. I am working for one of the big 5 IT company in India and have been to USA before and worked for a client there for 2 years. I came back to India in Feburary this year, and since my VISA was expiring on Sept 30th, so employer filed for cap exempt petition in June. This cap exempt petition is filed for a different city, although my client and project will remain the same. Only difference is- previously I was working from client’s office in NJ, and this time though I will work for the same client but from the office of my own employer which is located in North Carolina.

I realize that my LCA and other documents say that my work location will be North Carolina. But SOW and MSA are two documents which say that onsite resources will work from NJ or SFO offices of client. Do you see any possiblity here that USCIS would issue an RFE because work address and city in LCA is different from SOW and MSA? Does addresses mentioned in SOW and MSA cary that significance, or LCA is the only main document to talk about work location? Please note that in addition to LCA, documents like client letter and onsite manager letter also have NC address mentioned.

Thanks in advance.

A lot depends upon the VO’s discretion, but I don’t think it should be an issue.

Is it possible to get updated SOW and MSA?