Working from home on H1B

[chemi123]

I am currently working for a comapny as a full-time employee. I am pregnant and my doctor ordered me to be on bedrest until my due date which is almost 3 months from now. I am allowed to work sitting at home. So, I spoke to my manager and he agreed to let me work from home for few weeks and then go on short term disability if I want.

However, I am not able to put in complete 40 hrs everyweek due to my situation. I am sometimes working only 30 hrs a week. Is working from home allowed on H1B n also is it OK if I work less hrs for few weeks?

I recently got my H1B renewed with the same company and it got approved for 3 more years. When I initially started working with this company and got my H1B approved there was a site visit from USCIS rep to verify. I am kind of worried if this happens again and if they notice I am working from home will it create a problem?

Also, my latest H1B approval came with this specific note:

"Although this application/petition has been approved, USCIS and the Department of Homeland Security reserve the right to verify the information submitted in this application, petition and/or supporting documentation to ensure conformity with applicable laws, rules, regulations and other authorities. Methods used for verifying information may include, but not limited to, the review of public information and records, contact by correspondence, the internet, or telephone and site inspections of bussinesses and residences. Information obtained during the course of verification will be used to determine wether revocation, recission, and/or removal proceedings are appropriate. Applicants, petitioners and representatives of record will be provided an oppurtunity to address derogatory information before any formal proceedings is initiated."

Is this note included in all the latest H1B approvals? please someone confirm.

Any suggestions if I can continue working from home or should just go on short term disability to be safe.

Thanks in advance n sorry for the long post.

[Chitown01]

Is your home in the same Metropolitan area as that of work location on LCA? If yes then its ok.

As long as you have medical proof and reason's for ill health that you cannot work on it should be fine.

In case if there is a site visit make sure your manager tells the truth and the situation

Yes, the above mentioned notice is included in all recent H1 approvals nothing to worry about

Talk to an attorney what is the best solution

[JoeF]

Fulltime is 35 hours/week or more. If you can't work fulltime, the LCA and H1 would have to be amended for part time work.

Also, an amendment for the work location may be necessary.

[chemi123]

Yes, my house is located approx. 10 miles from my office and is in the same metropolitan area.

I am not sure how many more weeks before the delivery I can work, so is amending the H1 really necessary. I am just finishing up a small project which I was responsible for before I was put on bedrest.

Will it cost to amend a H1B. In that case I am thinking going on short term disability will be best. But I hate to quit the project in the middle as I am the only one who works on that specific s/w in my company (I work for a small firm). I understand these H1B rules are there for a reason but I hate that they have zero flexibility because this affects both the employee and the employee in situations like these.

[Attorney_6]

LCAs must also be posted at the work location. This means (re)posting the LCA at home (assuming that it covers the home MSA) and documenting this compliance.