H1B Amendment - Work Remote / Home from different state


RS.H1B

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Hi,

I am looking for some pointers, I am on H1B validity until 10/2021 with I140 approved. I am working full-time (no-layers & direct employment) let's say for Company A (product-based) in California, and would like to move to Texas with the same Company A. My management agreed and gave me permission to work remote from home in Texas as primary location (75%), but would have to commute to California for a week in a month (25%), as my whole team sits in CA. Company A doesn't have any dev center in Texas, but a sales office. I am trying to understand immigration implications on my H1B, based on which I will have to make my decision whether to relocate or to continue in CA.

1. Can H1B amendment be done with 2 locations, or is it always safe to have amendment done with one location?

2. If 2 locations are ok, can H1B amendment be done primary location as Company A, TX Sales Office and secondary as Company A, CA ? I might or might not goto Company A, TX Sales Office for work, but use this location just for H1B amendment and primarily be working from Home and commute to CA office when needed or 25% commute.

3. Or H1B amendment happen with 2 locations, primary as Home in TX area and secondary as Company A, CA? Can this home be rental home?

4. This is temporary arrangement may be for few years, and will go back to CA later. Does this mean, there is no impact to my GC process, and no need to refile PERM right?

5. What happens when H1B amendment gets RFE and then gets denied? Can I still continue on my current H1B situation with Company A, CA?

6. How long would H1B amendment process take typically?

I also have spouse and child dependents too. Please suggest. Thank you.

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You provided too much info for anyone here to provide you accurate "guidance" . In general , all work locations including home address (If substantially working from home ) need to be listed on LCA . Are you filing your application yourself ? Don't you have your employers and their attorneys to review your questions ? Please work with your employers and their attorneys to carefully prepare LCA and amendment applications. You do not want to be the guy who didn't take professional advice because we suggested you something on internet forums.

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