Change of location of employment between the approval of LCA and I-129

USA H1B Visa
1

Hi,

I think this is not a common question and I cannot find an answer anywhere on the Internet (btw, my attorney has no answer on this either):

Story:

The LCA was filed indicating two locations for employment (two offices). The LCA was approved. At the time of filing I-129 form the petitioner changed its mind and decided to employ the beneficiary at one location only (only one office). Now we received an RFE stating that since LCA contained to locations for the beneficiary’s employment, the itinerary of employment has to accompany the I-129 form.

Question:

If the petitioner changes its mind as it is described above, can the petitioner simply provide a statement describing the situation or since the LCA was approved for two locations, the petitioner cannot change its mind and should provide an itinerary even though the beneficiary is expected to be employed at one location only?

Thank you.

2

Not an expert, but my 2 cents. LCA should be a superset of all the locations where the employee is intended to work. So it is ok for LCA to be filed for A and B locations, while I-129 is only for location A.

This is b/c LCA is not employee specific and is more generic as compared to I-129 which has the employee information nailed down. So your employer should be ok to change the mind and cover only 1 location in I-129.

3

Thank you very much, Saurabh. I think the same way but I had doubts because in the RFE the Immigration Officer did not give us a choice to explain why there is only one location in the Form I-129. We were simply directed to provide the itinerary of employment.

Thank you for your opinion.