LCA filing with out Physical office location

[patela_24]

I'm in an unique situation. I've been offered position in small time Canadian based employer, who is still setting up the team here and doesn't have Physical office location at this point. Learned that the plan to setup an office got delayed due to COVID situation. Can LCA be filed just using my home location in the "Place of Employment Information" section? Also, would it be ok identifying Employers Canada address in "Employer information" section? Please provide your inputs and it will greatly help in deciding my transfer petition towards this employer. 

[gopalakrishnach]

Can LCA be filed just using my home location in the "Place of Employment Information" section? --- I am not ane expert but I feel yes.

Also, would it be ok identifying Employers Canada address in "Employer information" section? -- I feel address has to be USA address. If employer is in Canada then there is no concept of H1B and you cannot stay in USA and work for non-USA entity.

Better wait and see what experts say..

 

[JoeF]

The company needs to have a US address and a US tax number.

[Zodiac System]

Does this employer have any other employees in his company in a situation similar to yours?  Can he give you their references?  Form I-129 is filed by employer (attorney) for transfer.  Here is the link.  On page 3 (top two paragraphs) there are instructions on who can file for I-129.  See if this helps.

https://www.uscis.gov/sites/default/files/document/forms/i-129instr-pc.pdf

Let us see what other experts have to say!

 

Edited August 5, 2020 by Zodiac System