Is there any risk (if any), to change to your home address if on a visa? I would like to live within 2 hrs of Redmond but work more than 50% from home. Can a change of address request be denied by immigration? Any other considerations for visa holders? #workvisa #h1b #microsoft #wfh
Better to make amendment in your visa. I dont think for location amendment you need to involve attorney, your immigration team can handle it so no attorney fee involved, also as its in the same state no need to change your base pay as per DOL.
Cool. That's what I was hoping for...
My wife recently did it and her case was handled by immigration team only
e to the COVID-19 pandemic, many employers are having their employees work from home, if possible, to encourage social distancing and to comply with various state- and city-wide “shelter-in-place” orders. For employees in H-1B status, it is important to ensure that the employers maintain compliance with federal regulations governing notice and eligible worksite locations for H-1B employment. Based upon limited guidance from the USCIS or the DOL, Vedder Price’s Business Immigration Practice group provides the following best practices for employers during this novel situation: The H-1B program is jointly regulated by USCIS and DOL. DOL regulations require that, with an H-1B Petition, employers must submit a certified LCA for each location at which the H-1B employee will be working. A key DOL requirement is the provision of notice to U.S. workers that an H-1B worker is being hired. Pursuant to the federal regulations, the notice can be provided either through a hard-copy posting at the actual worksite(s) where the H-1B worker will be employed, or through electronic notice. The electronic notice may be on the company’s website, intranet or in its newsletter, or failing that, via direct e-mail to affected employees. An electronic posting to the company’s intranet or newsletter must be posted for 10 calendar days; if direct individual notice is provided, notification is only required once and does not have to be provided for 10 calendar days. If, during the H-1B employment, the worksite location changes or an additional worksite location is necessary, a new LCA must be certified only if the new location is outside of the original intended area of employment. These provisions were intended by the Department of Labor (DOL) to allow employers greater flexibility in deploying their H-1B workers in response to business needs and opportunities in new areas. The DOL recognized that an employer could choose to file a new LCA covering the new worksite at which it intended to place H-1B workers. However, the DOL sought to provide a mechanism by which an employer – desiring to move its H-1B worker(s) quickly, or contemplating a temporary operation in a new location – could be accommodated under the program without the delay or obligations involved in filing a new LCA. DOL guidance indicates that the employer need not file a new LCA for the worksite if it is within the same metropolitan statistical area (MSA). An MSA is defined as “the area within normal commuting distance of the place (address) of employment where the H-1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles)….” Therefore, if the H-1B worker’s home is within the same MSA as the employee’s normal worksite location, a new LCA need not be filed for the new worksite location, but the LCA posting notices should be posted at the employee’s home for ten consecutive business days, and the posting notices must be added to the Public Access File when taken down. Due to COVID-19, the notice will be considered timely when placed as soon as practical and no later than 30 calendar days after the worker begins work at the new worksite location. If the employee’s home is outside the MSA in which his or her worksite is located, then the following rules apply: Under Short-Term Placement rules, regulations permit H-1B employers to place H-1B workers at a worksite not listed on its approved LCA for up to 30 workdays each year. Such placement may be for an additional 30 workdays, but for no more than 60 workdays, in a one-year period, where the employer is able to show that the H-1B nonimmigrant maintains ties to the home worksite (e.g., a dedicated workstation at the permanent worksite; the employee’s abode is located near that worksite) and the worker spends a substantial amount of time at the permanent worksite. Please be aware that the workday limit is in the aggregate for the calendar year; if some days have already been used under this option, then an employer will not have the full period for COVID-19 purposes. Importantly, the regulations require the employer to also pay for "the actual cost of lodging (for both workdays and non-workdays)” and require employers to pay "the actual cost of travel, meals and incidental or miscellaneous expenses (for both workdays and non-workdays)." Workdays are days actually worked and do not include weekends and holidays. Short-Term Placement could therefore typically cover at least 6 weeks of work at a temporary location. Please be aware that the workday limit is in the aggregate for the calendar year; if some days have already been used under this option, then an employer will not have the full period available for COVID-19 purposes. If the temporary assignment lasts longer than the permitted number of workdays, the employer will need to file a new LCA to cover the employee’s residence and comply with all of the LCA notice requirements. In addition, an amended H-1B petition must be filed with U.S. Citizenship and Immigration Services to include the new location. Source : natlawreview
Thanks for the detailed response!!
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How many miles range that new address falls from work location ?
Within 100 miles, I'm thinking. Just states that distance to work must be commutable.