The Colony, TX asked in Immigration Law for Texas

Q: Do we need to file for H1B amendment before joining to the new client project or can we file it after joining ?

Hi, My h1b is approved and extended till 03/2022. My project just ended in dallas and the next new client project is in MO starting next week. My question: Do we need to file for H1B amendment before joining to the new client project or can we file it after joining the project? Also, I will be working from home (Dalls) due to COVID-19 Situation. Please advise.

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1 Lawyer Answer

A: Any location changes need to be made before changing locations. You'll need to file both an amended LCA and H1B. You can file the amended H1B then move to the new site without waiting for a decision. Further, working from home on an H1B with the original job location changing would also require amendments.

The LCA must be posted 30 days before you begin working at home.

You can read about this here: https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf

See question 5.

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