aojain Posted November 9, 2011 Report Share Posted November 9, 2011 Hi all, I have read few responses on getting a new LCA for working from home. But thought it was not clear or answer may change or may not. The situation is - The employer does not have an office in west coast. Headquarters is in northeast. The LCA and approved petition for northeast office. Nothing changes with regards to technical work, boss, administrative staff, phone # etc. Just physically employee is at home. Everything else stay the same except employee will be telecommuting. Is it the feasible situation with no change or a change in paper work? If there is paperwork, what are the options to avoid those? Like how long at a stretch an employee has to be in office, 25% of the time? Once in 4 weeks, 6 weeks? Is there any guidance from USCIS or citation? All the reponses are welcome. Link to comment
JoeF Posted November 10, 2011 Report Share Posted November 10, 2011 The LCA would have to specify the person's home as work location. That also means that the salary has to be based on the prevailing wage in the area where the person is living. Link to comment
INDNewYork Posted November 10, 2011 Report Share Posted November 10, 2011 Lucky to get a telecommute job! Enjoy. You will save a lot. Link to comment
aojain Posted November 11, 2011 Author Report Share Posted November 11, 2011 Thanks for the reply JoeF. LCA based on work location is little bit tricky I guess. Is it given somewhere in the memorandum from USCIS or DOL? Is it somebody's thought, which is being followed? What is the basis? Are there any ways to avoid this LCA situation? Travel, work at two locations - periodic visits? Is there some body getting in trouble or no trouble with such situations? Thanks, INDNewYork. Link to comment
JoeF Posted November 11, 2011 Report Share Posted November 11, 2011 The LCA always has to be for the work location. If the work location is your home, then the LCA has to be for that. It is certainly possible to have an LCA that specifies two work locations. The company should discuss that with a good immigration lawyer. Link to comment
aojain Posted November 14, 2011 Author Report Share Posted November 14, 2011 Any lawyer to comment? Link to comment
aojain Posted November 18, 2011 Author Report Share Posted November 18, 2011 Any comments from lawyers, please? Any credible sources? Guidance memo? Citation? Link to comment
JoeF Posted November 18, 2011 Report Share Posted November 18, 2011 Any comments from lawyers, please? Any credible sources? Guidance memo? Citation? What "credible sources" are you looking for? The law applies to work from home situations just as for every other situation. You have to get paid the prevailing wage in the area where the job is located. That's it. If the job is located in your home, you have to get paid according to the prevailing wage in the area where you live. Link to comment
Sreeni76 Posted November 20, 2011 Report Share Posted November 20, 2011 Addtional work locations can be mentioned in the LCA. Based on that your min wage will be max of the all locations mentioned. It is possible and it is my personal experience. Link to comment
aojain Posted December 1, 2011 Author Report Share Posted December 1, 2011 Thanks Edula ... So we do not have to submit i129 petition. Approved LCA will do it? It costs $320. Link to comment
JoeF Posted December 2, 2011 Report Share Posted December 2, 2011 USCIS nowadays usually also wants an amended H1, so an filing I-129 is likely required. Link to comment
Sreeni76 Posted December 2, 2011 Report Share Posted December 2, 2011 Yes JoeF is correct. We had to file H1 Amendment and process is the same. Link to comment
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