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H1b Work From Home, Same Direct Employer Lca Filed

Discussion in 'General nonimmigrant visa issues' started by Linux, Apr 21, 2015.

  1. Linux

    Linux New Member

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    I have a question in the light of recent AAO decision. I have been working from home with the same employer that filed my H1B , however from home in different state. LCA was filed with home location however the h1b amendment was not done. Is this considered a violation of H1B status ? Since the employer was the same and no end client was involved, this change would have been considered to not be material change ?

    Please advise and applying for H1B amendment now could cause any issues ?

    Thank you
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Any time there is a material change, you need both a new LCA and an amendment. Think of it this way, if you need a new LCA, you always need a new amendment. Sometimes, however, the reverse is not true. For example, if you change third party clients, but stay in the same city, you don't need an LCA, but you definitely need an amendment.
     
  3. Linux

    Linux New Member

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    Thank you Ron, My concern is since I already have been working from home on only LCA ( No ammendment), would it be okay if I file an ammendment now , in order to comply with the recent decision , or would that be a problem ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you file an amendment, do it for consular notification so that they don't have to look at your status.
     
  5. Linux

    Linux New Member

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    Thank you Ron, so If I do consular notification , my dependent H4 would also have to go outside the country for visa stamping right ? Also if I do amendment from inside the US ( no consular notification) , that is likely to cause issues ? Or can I just move to initial h1b petition location and that will be the solution to this issue ?

    Thank you
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your employer doesn't ask for more time, it doesn't matter. The petition will just amend the old petition. Your wife won't have to go abroad as long as she has valid H4 status now.
     
  7. Linux

    Linux New Member

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    Ron,
    I appreciate your responses and sorry to ask so many questions, but I didn't get this part clearly : "If your employer doesn't ask for more time, it doesn't matter" , do you mean if the extension is not asked I can do the amendment from inside the US and still be fine ?

    Thank you
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is exactly what I mean.
     
  9. Linux

    Linux New Member

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    Thank you Ron, Appreciate your help !
     
  10. pdendof09

    pdendof09 New Member

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    I have almost similar question as posted originally . As most of the time I work remotely, my LCA and I129 has my home address is mentioned as one of the worksite apart from client location address. I am planning to move a different location in same city ( less than 25 mile away from my current home address). There is no change in client address.Does this come under material change which needs new LCA as well as H1B amendment.

    Thank you in advance.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Based only on what you have written, I don't see a need for a new LCA or an H amendment in your case.
     
  12. pdendof09

    pdendof09 New Member

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    Thank you for quick response.
     
  13. vishwa

    vishwa New Member

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    Hi Ron, i have very much important concern about my case. Please help me asap.

    I got my first time h1b last year 2016 only for 1 year as my employer filed LCA for 1 year only. (usually they file lcas for 1 year only). So now i am filling for my extension and transfer together as i want to move a new company for better future. i want to send it today asap to count in PP.
    So, here is the confusion - i work as a consultant for client based in MA so (new) employer based in NJ. they have filed my LCA stating my work location as MA while in my client letter my manager has already mentioned that i am currently working remotely. Now my home is in Nj and paying taxes in Nj only. so my paystub also shows NJ address.

    Questions:
    1) My new employer filed my LCA based on my client location - MA - is that correct ? Or should i show both MA and NJ(home address)
    2) When i said this my employer he said we cant give home address in LCA so we have to show your client location but i am not working physically there. is that right?
    3) should i just withdraw my LCA and file new one and then h1b extension + transfer?
    4) just go ahead with this MA LCA?
     
  14. New Guy

    New Guy Senior Member

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    You should provide home address as worksite location along with client location...
    You can provide home address, I did the same as well
     
  15. pachhu44

    pachhu44 New Member

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    Hello Friends,

    I work on EVC model and my current H1b is valid until Sep 2017 with primary location as MN (Client location where I work). My wife got a job in Texas and we are planning to move there completely. When I discussed with my client, they are ok if I work from Home in Texas. My employer filed for my H1b extension with 3 locations MN (Client Location), MI (Employer Location) and TX (Work from Home Location) in the LCA. I have also obtained a client letter mentioning I will be primarily working from Home in TX and client location is MN.

    As I will be working Primarily from Texas and sometimes I travel to client location, Could you please let me know if my payroll should run in state of MN or TX? Also Could you please let me know if USCIS accept Work from Home or will there be any issues with my H1b extension?



    Thanks,

    Prashant
     

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