Remote Employee - Address Change

[manickan]

Hi,

I work fulltime directly with the client as a remote/virtual employee and I work from home. My immigration guy says whenever I change my address they need to file a H1 amendment since my home is my work address, is that true? I thought filing a AR-11 form is enough since my employer is the same and I do the same job and only my address is changed but they insist that an H1 amendment need to done if I change my address. I was thinking of filing the AR-11 form myself without telling my employer/immigration if I change the address, is that a good idea? - TIA

Edited February 25, 2018 by manickan

[NotAnAttorney]

You may not be needed to file an amendment, if nothing changes except address and if that address is within the same metropolitan statistical area.

[manickan]

Thanks. Just want to make sure, my employer is in different state and I live in different state. I am planning to move around 50 miles from my current address or move altogether to another state. So given this situation I need not file the amendment in both cases? -TIA

[Surfer123]

Since you are remote employee, your current home address would have been listed as primary work location on your LCA.  Anytime you move to a new address and if this address doesn't fall under the same MSA, your employer has to file for H1B Amendment with the new work location. Logic is quite simple - prevailing wages almost always differ by region and uscis needs to know that the employer is paying the prevailing wages at least

https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

Your employers' immigration team is obviously well aware of what needs to be done.

Edited February 27, 2018 by Surfer123