Filing LCA is necessary for Same Location while changing Company


Am a contractor for my employer A and they have applied my H1 on May 29,2012.

I lost my Project on August 31st and my H1B in Initial Review. I got my new project with  same Employer. It is Full time job but I assured them I will transfer my H1 on October End.  Now problem is that My Employer creating problem saying rate is very low from the project I have Got. So am planning to leave my current Employer and join New Employer Full Time. I need to explain my situation to my new Employer and I have back up of OPT till September.

My question is: Can I leave my current Employer and ask my New Employer to apply New LCA?? Is that possible?

As you replied this question saying I can wait for my H1b to get approved and ask my new Employer to apply COS and LCA during COS if Location is changed

But My Question is: Can I let my Employer know that Am leaving them and taking cost of H1 and after it get approved Can I ask my New Employer to apply COS.


and LCA is needed if its same Location? Different City?

Can my Old Employer withdraw my H1 since am leaving them or He cannot withdraw once it has been applied? 

Please let me know answer.

You can ask your new employer to process COS. it is better that you don’t notify your current employer untill the process is complete. if you ready to start your work immediately when COS is in process then you can notify or resign your old employer.

Employer can withdraw the petition, but it will not affect your COS. Normally most employer never do that since they need to spend on it.