Working from Home on H1B without LCA
I have been working from home with the same employer that filed my H1B.
My LCA and I-129 has company address (NJ) and I have been working from Home (CA) from beginning of my job (2 years).
This is a direct employment.
My payroll is run in home state (CA).
Is H1B Amendment needed?
Does my employer need to file an H1b Amendment for home address?
do they revoke my H1 as my LCA address and work location address are different?
Will there be any issue during H1b extension?
Is working from Home is different state aaterial change in employment?
Since the employer was the same and no end client was involved, this change would have been considered to not be material change ?
What would be the solution for this situation?
My company attorney is not much useful in this situation.
Any response would be greatly appreciated.
Working from home and in different state is a material change
Working from CA when your office is in NJ is definitely a MATERIAL change.
How is your payroll run from CA?
Are you sure that your work petition does not have your CA home location as one of work location?
If not, then how is your company running payroll from CA?
I don’t think that your employer can be that stupid.
They must have listed your work location on LCA and that’s why they are running payroll too. H1B extension will be an issue - no maintenance of status RFE
If your CA home address is not listed as work location in LCA, then it’s a problem.
You will have problems in extension.
You might receive RFE to prove your maintenance of status as per the LCA.
Fix work from home LCA, if not filed yet
Your employer needs to file H1B Amendment as early as possible to fix this situation.
You may want to read this:
H1B work from home?
Yes, you can work from home if your H1B petition has your home address listed as…
Thank you for your response. Will there be issue of filing H1b Amendment now? Do they revoke my H1 as my LCA address and work location address are different?
Do you think it will be safer to move to NJ (work from company address) and file H1b amendment (Home location) and H1b extension together once generate pay stub with NJ address? Your response on this will be highly appreciated.
I am afraid that you have already lost time if there was no Amendment filed, as implied from your details.
H1B extension may lead to an RFE which may ask you to prove your status, as I already told.
Proving your status will need to prove that you were indeed working as per the LCA and the H1B approval to current H1B.
One again thank you for your time for replying to my questions, My H1b extension is due in May 2019. Do you think moving to NJ (work from company address) and file H1b amendment (Home location) and H1b extension together once generate pay stub with NJ address will help?
This can only be suggested by your employer’s attorney as they know the details on why they actually allowed you to work from CA when the LCA and H1B was approved ONLY for NJ location.
I still doubt that your employer made this mistake intentionally.
There is something that you probably do not know as your employer is running your payroll from CA.
Please talk to them clearly and ask for clarification. This is a serious issue for you and may jeopardize your entire H1B time!
USCIS is pretty strict these days.