USCIS SITE VISIT WHEN WORKING FROM HOME - FILING PERM FOR GC

[abhi9449]

Hi, I recently joined full-time with fortune 500 payroll company headquarter in New York. My H1b is approved and now i'm filing for my GC starting with PERM application. I am supposed to work at my office location in Virginia as per my H1b petition, but i work mostly from home in different state(TX). Now legally i'm not supposed to work more than one day per week as per my company policy. But due to nature of work and since i'm on good terms with my manager, He doesn't care where i work from. 

So when filing the PERM i initially given work location Virginia, and my home address in TX(Own house). But later i realized this may be an issue since work and home location are totally in different states. And i can't add my home address as secondary work location as per company Immigration team since they assume i only work from home on sporadic basis. But i work from home most of the time and travel to work once in 3 months.

So since i can't use home address as secondary work location, i need to use local Virginia address(Friends home) for home address in PERM application. But my question is if there is a SITE VISIT from USCIS and i'm working from home that day what kind of trouble will be in? Can i provide my friends address in application as home address even though i don't stay most of the time there? What are my options then?

I was told the USCIS doesn't give prior notice all the time for site visits. If there's a notice then i will make sure to be in office. Please let me know for any suggestions on how i can proceed further and what happens if i miss any SITE visit verification.

[pontevecchio]

You should discuss your predicament with a lawyer. 

[User099]

Site visits can happen with or without notice. 

If they come for a site visit and see that your are violating what was submitted in your H1B petition, then they might issue you an NOIR. In some cases, they might give you a second chance by giving you a revisit date but that's very rare.

You know what is the right thing to do as per your company policy, I can't give you an advice to break the law or violate any rules. 

[veni001]

On 11/21/2019 at 12:35 PM, abhi9449 said:

Hi, I recently joined full-time with fortune 500 payroll company headquarter in New York. My H1b is approved and now i'm filing for my GC starting with PERM application. I am supposed to work at my office location in Virginia as per my H1b petition, but i work mostly from home in different state(TX). Now legally i'm not supposed to work more than one day per week as per my company policy. But due to nature of work and since i'm on good terms with my manager, He doesn't care where i work from. 

So when filing the PERM i initially given work location Virginia, and my home address in TX(Own house). But later i realized this may be an issue since work and home location are totally in different states. And i can't add my home address as secondary work location as per company Immigration team since they assume i only work from home on sporadic basis. But i work from home most of the time and travel to work once in 3 months.

So since i can't use home address as secondary work location, i need to use local Virginia address(Friends home) for home address in PERM application. But my question is if there is a SITE VISIT from USCIS and i'm working from home that day what kind of trouble will be in? Can i provide my friends address in application as home address even though i don't stay most of the time there? What are my options then?

I was told the USCIS doesn't give prior notice all the time for site visits. If there's a notice then i will make sure to be in office. Please let me know for any suggestions on how i can proceed further and what happens if i miss any SITE visit verification.

Providing false information to USCIS will be considered as fraud and could result  in permanent ban from the USA.

[JoeF]

You need an LCA with your real home address or you need to move and work from your office location. Anything else is fraud, and invalidates your H1.

[abhi9449]

14 hours ago, Noah Lott said:

I must have missed something....why not tell the truth instead of looking for loopholes???

Truth mean, that i work remotely most of the time in TX even though i'm supposed to be in office and that my manager doesn't care where i work from? And that is the reason why i put home address as i'm staying there most of the time?

If i'm supposed to be working from Virginia as per H1B amendment, the USCIS expect to see some virginia address as home address right? but if they see TX address doesn't that raise any eyebrows? 

[JoeF]

16 hours ago, abhi9449 said:

Truth mean, that i work remotely most of the time in TX even though i'm supposed to be in office and that my manager doesn't care where i work from? And that is the reason why i put home address as i'm staying there most of the time?

If i'm supposed to be working from Virginia as per H1B amendment, the USCIS expect to see some virginia address as home address right? but if they see TX address doesn't that raise any eyebrows? 

If you work from TX the LCA has to show that. Period.

If the LCA doesn't show that you have FOR REAL work from the office. Lying about is fraud

[pontevecchio]

Your manager is an irresponsible person who either does not know the consequences of encouraging you in this matter. Does he by chance happen to be a friend too? You are in danger of losing your American dream. Usually talk to a lawyer means exactly that and the object is to minimize damage to any extent possible by having the company make suitable amendments and SOON.

[cyberlord]

You should have checked with your company's immigration team before keying in address information while filing PERM.

Apprise them of this situation and take correct steps as per their advice.