Work From Home on H1b

[pjung88]

Friends,

I am planning to move to another state and I am trying to find if I can work from home on h1b. If so, do we need to file for H1b amendment. I work FTE and my employer is okay with WFH. I have not discussed this with immigration attorney yet,  but I would like to know if this can be done.

1. Can I work from home on H1b. I will be moving to another state. Do we need to file H1b amendment? What exactly does H1b amendment mean? is it like starting the H1b process all over again reflecting the new work location(which is home address)? Also, we will living in an apartment. do we need to file for amendment every time we shift apartments?

2. For H1b amendment, I guess we need to file LCA as well. Right now, my wage level on current LCA is Level 4 but if we do new LCA per new location, it will be LEVEL 3. I do not think my employer will negotiate the salary. can we reduce the Wage Level in the new LCA?

3. I also have approved I140 - How does all this effect the PERM\I140 process? Do we need to start the PERM process again? I still have 3 yrs left on my first H1b period. can I move back during the final stages of my green card process without redoing the PERM or I140.

Please let me know if you have gone through this. I will be talking to immigration attorney next week, so, little heads up is helpful.

Thank you for your advice.

 

[captain_raju]

It's very tough you can't do it if USCis caught you u will be deported immediately 

[BostonBullodu]

2 minutes ago, pjung88 said:

Friends,

I am planning to move to another state and I am trying to find if I can work from home on h1b. If so, do we need to file for H1b amendment. I work FTE and my employer is okay with WFH. I have not discussed this with immigration attorney yet,  but I would like to know if this can be done.

1. Can I work from home on H1b. I will be moving to another state. Do we need to file H1b amendment? What exactly does H1b amendment mean? is it like starting the H1b process all over again reflecting the new work location(which is home address)? Also, we will living in an apartment. do we need to file for amendment every time we shift apartments?-- Yes you can work from home on H1b. H1b amendment chesthe chalu apts move ayithe avasaram ledu.. 

2. For H1b amendment, I guess we need to file LCA as well. Right now, my wage level on current LCA is Level 4 but if we do new LCA per new location, it will be LEVEL 3. I do not think my employer will negotiate the salary. can we reduce the Wage Level in the new LCA?

depends on employer anything is possible

3. I also have approved I140 - How does all this effect the PERM\I140 process? Do we need to start the PERM process again? I still have 3 yrs left on my first H1b period. can I move back during the final stages of my green card process without redoing the PERM or I140.

I 140 ki em effect undadu since you are not moving to different employer but movign to differenct location under same employer.

Please let me know if you have gone through this. I will be talking to immigration attorney next week, so, little heads up is helpful.

Thank you for your advice.

 

 

[Batman_fan]

Not a big deal. Just do amendment. Many people do that.

[pjung88]

3 minutes ago, Batman_fan said:

Not a big deal. Just do amendment. Many people do that.

what about GC process? do we need start PERM again. since PERM is about testing the local "Job market" and now, I will be doing job in different city, should we redo PERM( basically test the market in the new city as well)?

[pjung88]

15 minutes ago, BostonBullodu said:

 

are you sure we do not have to PERM again? since PERM is about testing the local "Job market" and now, I will be doing job in different city, should we redo PERM( basically test the market in the new city as well)?  Per google, looks like we have to redo the PERM process.

[BostonBullodu]

3 minutes ago, pjung88 said:

are you sure we do not have to PERM again? since PERM is about testing the local "Job market" and now, I will be doing job in different city, should we redo PERM( basically test the market in the new city as well)?  Per google, looks like we have to redo the PERM process.

baa you are working for employer A with approved 140

where the picture came of PERM process or GC process

Once again you are not moving from employer A to employer B

you are changing location under employer A

again H1b amendment is must which includes LCA

[pjung88]

7 minutes ago, BostonBullodu said:

baa you are working for employer A with approved 140

where the picture came of PERM process or GC process

Once again you are not moving from employer A to employer B

you are changing location under employer A

again H1b amendment is must which includes LCA

ante,,PERM annedhi - "job market" testing. Say, your job needs you to work Dallas,TX. So, they basically test the job market and prove that there is no qualified\willing candidate to do your job. They do paper advertisements in Local  newspaper along with other recruitment efforts. So, if you are going to work from different city, I think they have to Test the market in that city as well (local newspaper), to make prove that there are no qualified\willing candidates.  Basically, I think if your job allows telecommuting, I think the recruitment effort must be made nationally (not just local), in other words, paper ads should be done in national wide paper or something like that...

I remember attorney saying something like this while applying for my PERM. what i do not know, do this matter if you change location after the perm has been approved..

[BostonBullodu]

10 minutes ago, pjung88 said:

ante,,PERM annedhi - "job market" testing. Say, your job needs you to work Dallas,TX. So, they basically test the job market and prove that there is no qualified\willing candidate to do your job. They do paper advertisements in Local  newspaper along with other recruitment efforts. So, if you are going to work from different city, I think they have to Test the market in that city as well (local newspaper), to make prove that there are no qualified\willing candidates.  Basically, I think if your job allows telecommuting, I think the recruitment effort must be made nationally (not just local), in other words, paper ads should be done in national wide paper or something like that...

I remember attorney saying something like this while applying for my PERM. what i do not know, do this matter if you change location after the perm has been approved..

GC Process

LC

PWD or PERM

Labor approval

140

485

H1B Amendment Process

File LCA 

Approval on I 129 form

New I 797a

so nee case lo ur doing H1B amendment not GC process unless you are changing employer and starting GC process from scratch.. 

[cheenu]

1 hour ago, captain_raju said:

It's very tough you can't do it if USCis caught you u will be deported immediately 

Endhuku man half knowledge tho suggestions istharu.

he needs to file amendment with his home address and  bindas work chesuko vochu. I am doing the same.

[pjung88]

46 minutes ago, cheenu said:

Endhuku man half knowledge tho suggestions istharu.

he needs to file amendment with his home address and  bindas work chesuko vochu. I am doing the same.

Can you please let me know if employer is required to provide any amenities. My employer said he will provide computer and we have not discussed about providing internet and other amenities? Is there any mandatory things that they have to provide.

Also, do you have anything like home office? I posted this on trackitt,one response says, there should be some demarkcation between office and living space, in case of site visit. Just wondering if and how you are doing this? Thank you for the info...

 

[Batman_fan]

7 minutes ago, pjung88 said:

Can you please let me know if employer is required to provide any amenities. My employer said he will provide computer and we have not discussed about providing internet and other amenities? Is there any mandatory things that they have to provide.

Also, do you have anything like home office? I posted this on trackitt,one response says, there should be some demarkcation between office and living space, in case of site visit. Just wondering if and how you are doing this? Thank you for the info...

 

This depends on what you discussed with employer. 

Are you asking WFH or role requires you to WFH? If the role requires to work from home, most will pay for internet, phone. If you are asking, also ask if they can pay. Probably not a good idea though

[samaja_varagamana]

No issues man u can do it

[Batman_fan]

9 minutes ago, pjung88 said:

Can you please let me know if employer is required to provide any amenities. My employer said he will provide computer and we have not discussed about providing internet and other amenities? Is there any mandatory things that they have to provide.

Also, do you have anything like home office? I posted this on trackitt,one response says, there should be some demarkcation between office and living space, in case of site visit. Just wondering if and how you are doing this? Thank you for the info...

 

No, not required. I believe attorney will send something that you need to have it somewhere visible for couple of weeks. You can work from bedroom, bathroom, and Kitchen.