H1B for startup no physical office

Sep 11, 2019 1 Comment


I'm currently talking to a very small startup (15 employee strong) and had a few questions related to H1B.

1) The company has been around since 2008.
2) I spoke to the CEO and found out that every one in the company is remote. This is actually something the company encourages (and favors) the employees to do, so they are outdoorsy and actually test the app. Long story short, great relaxed, outdoorsy with culture.
3) The company does have a physical location on file (Google clearly says it) but no one works there, probably for postal reasons only.
4) He said that I would be the first employee they would be going through immigration with and he has no issues.
5) My current status - H1B, approved i-140 from previous company. Priority date Jan 2015 (Indian national) I'm way over the 6 year cap, but last time I renewed I got a 3 year extension. And I have another renewal coming up early 2020 (currently expires May 2020) and guessing I should have no issues getting 3 more extension.

I'm drawn to this lifestyle, ie working home/remote/traveling around the country and want to try it out. I'm currently interviewing with them and things are looking great.

I'm aware of the site visitations that USCIS agents are known to perform.

I wanted to ask you guys if you think this is a safe bet, legal and that I would not have issues down the road owing to a lack of physical office where all (some) employees work off of?
Or that it won't get me into trouble when I go in for a restamping next year.

It's an entirely US only based company FYI, no out of country employees.

Any thoughts/suggestions/input would be greatly appreciate.

Thanks in advance.


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TOP 1 Comment
  • Microsoft pdnpdkpd
    Periodically USCIS sends out officers to check up on H1B prople on site (not to be confused with vendors being on site) to make sure that the people are actually employed at the location in the petition. You cannot simply move around the country working remotely on H1B without the company having a physical office and presence. I am not a lawyer but you may be risking your status.
    Sep 11, 2019 0


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