Question about H-1B short-term placement option


ahcalde

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Posted

Hello,

I am currently an F-1 visa holder transitioning into H-1B on October 1st. I am located in TX, where my company used to have an office location before the pandemic started. We have all been working from home since. They say they will eventually get another office in TX after the pandemic situation improves. My company has its headquarters in TN.

I was recently informed that they filed my H-1B only including the TN worksite because they do not have an office location in TX right now.

They advised me that their lawyer recommended filing a location change amendment by the end of October after I get my first paycheck under the H-1B status. They said I am covered by the short-term placement option in the meantime.

My only concern is that the short-term placement rules require the employer to pay for lodging, travel, meals, and other expenses. I live in TX and I am working from home, so these expenses will not even exist. Is that ok or they will need to have proof that expenses were covered?

I am supposing they know about this, but I am not sure. I am afraid they are using the short-term placement option and just hoping that they won't be required to provide proof that the requirements were met.

I am meeting with the HR person next week to discuss, so just looking for general advice so I am better prepared. Although not ideal, I would be willing to stay in TN in October while they sort this out, but I really have my life established in TX and cannot permanently move to TN.

Any advice would be appreciated. Thanks!

Posted
On 9/4/2021 at 3:46 PM, ahcalde said:

Any advice would be appreciated.

If you don't wish to go to TN, change the employer !

Company has filed TN as work location and you agreed, don't get stuck on what it was, many things have changed due to covid, you're fortunate to have you h1b picked up and approved. Also (most) employers do right by their employees for relocation expenses etc.  so I would not worry about the proof that employer needs to have.

Good luck

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