nikk12 Posted October 20, 2013 Report Posted October 20, 2013 Hi, I have question regarding my H1b filing, I am working as a Full time telecommuter for X company and my company wanted to file my H1b for the year 2014. But i recently heard from my friend is that i cannot apply for H1b as a telecommuter. There may be chance that they are going to reject you application by issuing a RFE as why a telecommuter requires H1B. Can some one please tell me if that is true and is there is any alternative way to handle this situation.
JoeF Posted October 21, 2013 Report Posted October 21, 2013 Of course you can telecommute on H1. The LCA has to apply to your work location, i.e., your home.
nikk12 Posted October 21, 2013 Author Report Posted October 21, 2013 Thank you Joe, But in that case is there any chance that USCIS going to raise a question why cannot he work from his home country as he is performing his job connecting to VPN which can be done from any location around the world. Do you think there may be chance for raising this issue?
JoeF Posted October 21, 2013 Report Posted October 21, 2013 Thank you Joe, But in that case is there any chance that USCIS going to raise a question why cannot he work from his home country as he is performing his job connecting to VPN which can be done from any location around the world. Do you think there may be chance for raising this issue? That's not a consideration for an H1. It may come up for a GC, but not for an H1.
t75 Posted October 21, 2013 Report Posted October 21, 2013 Of course that is a possible question - and a very good one at that.
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