badymuka Posted April 2, 2015 Report Share Posted April 2, 2015 Hello, Currently I am H1-B visa and working in Houston,Texas. My company is planning me to send on a project which is Mexcio (Cd. Juarez near to US border) for atleast for 1 year and most likely to extend for 2 yrs. So the plan is I will stay in El paso,Texas (US) and will cross the border every day to work in Mexico and return back to El paso every day. Can I work like this on H1-B Visa? All valuable inputs are welcome and Thank you. Link to comment
jairichi Posted April 3, 2015 Report Share Posted April 3, 2015 H1B will allow you to work in US and not Mexico. Since you will no longer be employed in US you cannot use that H1B visa to enter US. You will be deported back to home country at POE. Link to comment
badymuka Posted April 3, 2015 Author Report Share Posted April 3, 2015 Actually I will be still on US payroll and employee of my employer which is based in Houston,Texas. So still its not possible? Link to comment
jairichi Posted April 3, 2015 Report Share Posted April 3, 2015 Actually I will be still on US payroll and employee of my employer which is based in Houston,Texas. So still its not possible? It is not possible. What will be your situation if there is a sudden visit by officials at your actual H1B job location in US and you are not there? Link to comment
JoeF Posted April 4, 2015 Report Share Posted April 4, 2015 Actually I will be still on US payroll and employee of my employer which is based in Houston,Texas. So still its not possible? No, it is not possible. For the H1, Your work location has to be in the US.And to work in Mexico, you would have to have a Mexican work visa, anyway. Link to comment
wiweq Posted April 6, 2015 Report Share Posted April 6, 2015 First of all, dol will not approve LCA for out of USA location. Why don't you get proper work authorization of Mexico and stay in same city? Link to comment
badymuka Posted April 6, 2015 Author Report Share Posted April 6, 2015 @Joef:- My employer will file new LCA so i don't think it should be the issue with audit from H1-B official. @wiweq What if my employer put something like "required multiple international visit " and didn't mention the whole length of assignment in my new LCA so that DOL can approve the LCA? Anyways I may be visiting my US job location for 1 week in one or couple of month or work from home couple of weeks in a month? In that way i will not be working in El paso for whole month or year but still working in US. Link to comment
badymuka Posted April 6, 2015 Author Report Share Posted April 6, 2015 I already have the Mexican work Visa Link to comment
rahul412 Posted April 7, 2015 Report Share Posted April 7, 2015 @Joef:- My employer will file new LCA so i don't think it should be the issue with audit from H1-B official. @wiweq What if my employer put something like "required multiple international visit " and didn't mention the whole length of assignment in my new LCA so that DOL can approve the LCA? Anyways I may be visiting my US job location for 1 week in one or couple of month or work from home couple of weeks in a month? In that way i will not be working in El paso for whole month or year but still working in US. Dude, think practically. H1 is for employees working inside US, so if your work location itself is not inside the US then does that H1 makes any sense?Have you asked your employer's attorney whether its possible or not? Link to comment
wiweq Posted April 7, 2015 Report Share Posted April 7, 2015 @wiweq What if my employer put something like "required multiple international visit " and didn't mention the whole length of assignment in my new LCA so that DOL can approve the LCA? ============== Do you want to see your employers behind bars for 20 Years and paying $250,000 fine? (Search for Mail fraud, Immigration Fraud.) Link to comment
jairichi Posted April 7, 2015 Report Share Posted April 7, 2015 @Joef:- My employer will file new LCA so i don't think it should be the issue with audit from H1-B official. @wiweq What if my employer put something like "required multiple international visit " and didn't mention the whole length of assignment in my new LCA so that DOL can approve the LCA? Anyways I may be visiting my US job location for 1 week in one or couple of month or work from home couple of weeks in a month? In that way i will not be working in El paso for whole month or year but still working in US. A LCA is for working in US and not Mexico. If you had an attorney you would have got a very simple reply that Mexico cannot be added to a LCA as your work location. Rahul412 has pointed it out correctly for you. Link to comment
JoeF Posted April 7, 2015 Report Share Posted April 7, 2015 @Joef:- My employer will file new LCA so i don't think it should be the issue with audit from H1-B official. LCA for a foreign work location is not possible. Hence, this whole thing is not going to work. Link to comment
JoeF Posted April 7, 2015 Report Share Posted April 7, 2015 @wiweq What if my employer put something like "required multiple international visit " and didn't mention the whole length of assignment in my new LCA so that DOL can approve the LCA? That would get the employer into lots of trouble, and you as well. This whole idea is not going to work. Get that into your head! Link to comment
badymuka Posted April 9, 2015 Author Report Share Posted April 9, 2015 yesterday I contacted the DOL office directly and told them the whole scenario and they said there should be no problem in the getting new LCA approved and H1-B extenion.Thank you Link to comment
JoeF Posted April 9, 2015 Report Share Posted April 9, 2015 So, why did you ask about it here in the first place then? You obviously are determined to get into trouble. Go ahead. Just don't complain later when you get deported... Link to comment
jairichi Posted April 9, 2015 Report Share Posted April 9, 2015 yesterday I contacted the DOL office directly and told them the whole scenario and they said there should be no problem in the getting new LCA approved and H1-B extenion.Thank you Good luck. Link to comment
rahul412 Posted April 9, 2015 Report Share Posted April 9, 2015 yesterday I contacted the DOL office directly and told them the whole scenario and they said there should be no problem in the getting new LCA approved and H1-B extenion.Thank you Seriously?? How does DOL knows about the wage details for the work location outside the US?? Does your employer have an attorney? Did you asked him or not? Link to comment
badymuka Posted April 9, 2015 Author Report Share Posted April 9, 2015 DOL said that as long as you on US payroll and staying in US and working overseas for the mentioned period,you should not have problem. Link to comment
badymuka Posted April 9, 2015 Author Report Share Posted April 9, 2015 Actually I talked to my employer attorney first and he said there is no any kind of violation .Bu as lots of people were saying here that its not possible,so i thought to reach DOL directly. Link to comment
jairichi Posted April 10, 2015 Report Share Posted April 10, 2015 DOL said that as long as you on US payroll and staying in US and working overseas for the mentioned period,you should not have problem. Does DOL know your immigration status? Also, did you get in touch with USCIS? Link to comment
JoeF Posted April 10, 2015 Report Share Posted April 10, 2015 Actually I talked to my employer attorney first and he said there is no any kind of violation .Bu as lots of people were saying here that its not possible,so i thought to reach DOL directly. Whoever you reached at DOL is not a lawyer. And your employer's lawyer, well he obviously either hasn't thought it through, or is unethically telling your employer to file a fake LCA. You can NOT get an LCA for a foreign location. And unless you really work at a US location, getting an LCA for the US location would be fraud. So, take your pick... Have fun in a deportation cell... Link to comment
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