Is working from home allowed on h1?

[goodluckishere]

I am working for a consulting firm as support engineer for multiple clients. My employer is fine me working from home. Again, my home is not in same state as my employer.

1. Is working from home allowed on h1?

2. How is employee-employer relationship defined for remote H1 workers?

3. What should my LCA have as my work location?

4. when I go for stamping, what should I tell VO about my work location?

5. Is it required for me to have my port of entry as my employer State/City when I return to US?

I apologize for asking too many questions. But, I am confused.

thanks.

[JoeF]

It is possible. The LCA would have to show your home a work location.

[goodluckishere]

Thanks JoeF.

2. How is employee-employer relationship defined for remote H1 workers?

4. when I go for stamping, what should I tell VO about my work location?

5. Is it required for me to have my port of entry as my employer State/City when I return to US?

[nrkiran1]

@goodluckishere

Mine is also work from home in a EC model from past 3 years. My LCA is with my home address in U.S. Last year I got my H1B extended and stamped for 1 year. But this year, my H1B is granted for 1year, but when I went for stamping I got 221g, so I am struck now in India

2. For remote workers your employer should get status reports from you and he needs to report those to client. I would say this is how you need to state to VO to prove your EE relationship. If possible gather the e-mail proofs of reporting/discussions with your employer.

4. You should tell your home location as work location

5. No, you can have any port of entry

[JoeF]

Employer-Employee relationship is the same as always.

The employer must control your work. It doesn't matter if you work from home or at a client location or at the employer's location. The employer has to be the one telling you what to work on.

If you work from home, the employer should provide the equipment for you, computer, etc., and also pay for the Internet connection used for the work (unless you work only occasionally from home.)

When I worked from home on H1 way back when, my employer provided me with computer and printer, and also paid for the Internet connectivity. I had a second line for my private use that I paid for myself.

[goodluckishere]

Thanks JoeF! I am also paid all the expenses and have all computer supplies as well.

[goodluckishere]

Thanks nrkiran1 for reply!

Could you please share the reason you got 221g? Does it have something to do with working from home?

[nrkiran1]

I am not sure, I guess the VO is not satisfied with my response regarding my reporting structure.

You can look at my interview conversation here

http://forum.murthy....august-tracker/

[Atari Wee]

is working from home still legal for H1B visa holders?

If the person was working from client location and then moved to work from home then does he have to file H1B Amendment as per new process?

 

If the home address is in different state from client/employer location, does he have to pay tax for which state?

[JoeF]

Working from home is allowed for somebody on H1. The home address becomes the work address, and an H1 amendment may be necessary.

As for taxes, it is probably required to pay taxes in the state where the job is located, i.e., the home address. This may differ from state to state, so both you and the employer should consult with a good CPA.

 

[Neha18]

Hi all,
I will be going for my H1B interview.I have 2 work locations mentioned in my LCA one is my office location and other is my remote home location.Currently i m working remote.So,if VO ask why 2 locations in LCA what should be my answer?My LCA was amended with both locations listed in it.

Suggestions needed ASAP.I haven't submitted my DS-160 yet cos of this confusion.
I am  FTE and no client location is there.Its my remote home address.