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Immigration Issues/LCA update for job title change

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Question
Hi,

My husband is on H1B and got promoted from Technical Lead to Engineering Manager on june 2011. We are planning to visit India for a short vacation around june 2012.

Usually how long does it take to update LCA with the current job title. It seems his employer said it would take 4 months. Is that true?

Thanks,
Aruna

Answer
Hi,

It takes about 2 weeks for the LCA to be certified by the Department of Labor. However, if there is a material change in job duties (such as in the case of your husband), an amended H1B petition is also filed with the USCIS. The approval of an amended H1B petition typically takes 4 months.

The following information from our immigration law firm website may be helpful: http://h1b1.com/files/faq.htm#merge

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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