COVID induced wfh and h1 transfer

[murlitraveler]

Hello friends - Currently on H1 and have an approved I140 from company A with 180+ days beyond approval date. Due to COVID19 situation all company A is WFH (working from home).

Got a job offer from company B which is located in another state and they are also WFH.

Once the H1 transfer occurs with company B, do I need to be at company B location (either the worksite or at nearby location where the company B office is) or can I continue to be in current state where company A is, until covid induced WFH is back to normal.

Thanks.

M
 

[gopalakrishnach]

I feel if company B does H1B documentation keeping your home address as one of the work location then you will be good else I feel not.

[nik125]

if you start working for company B after transfer. You should move to company B location or near to company B location. your work location must be within commutable distance from company B which can be wfh but it should be within commutable distance. 

[murlitraveler]

Thank you @nik125 and @gopalakrishnach

nik125 -  If company B files H1 transfer keeping my home address as one of the work location then we will know once petition is approved..correct? Is there any specific rule that entails being in a commutable distance? Thanks again.

[Zodiac System]

To the best of my knowledge, the LCA filed with your H1b transfer application should have one of the locations as your home address.  I agree with @gopalakrishnach

Let us see what other experts say

Edited August 14, 2020 by Zodiac System

[chetankr]

Hello M,

So, we had a similar situation. Company B started the hiring process and then COVID happened. So, the LCA had our home address on it. They asked us to post the lca at home itself before the hiring. They hired with the condition that once the situation gets back to normal, I will work from their location. But, for now I have been totally WFH and as per the company's attorney (one of the biggest in USA), this is fine. Please consult with your attorney, this is just 1 case scenario.

[murlitraveler]

Thank you @Zodiac System  and @chetankr

@chetankr - was company B in another state in your case? Appreciate you sharing your experience! Also, once the transfer took place with company B was your H1 validity extended 3 year from that point onward (assuming you had approved I140  and beyond 6 years of H1)

Thanks,

M

[gopalakrishnach]

On 8/16/2020 at 5:11 AM, chetankr said:

Hello M,

So, we had a similar situation. Company B started the hiring process and then COVID happened. So, the LCA had our home address on it. They asked us to post the lca at home itself before the hiring. They hired with the condition that once the situation gets back to normal, I will work from their location. But, for now I have been totally WFH and as per the company's attorney (one of the biggest in USA), this is fine. Please consult with your attorney, this is just 1 case scenario.

Good info.