Richardson, TX asked in Employment Law for North Carolina

Q: Inquiry Regarding the Legality of Remote Work from a Different State

I'm currently working in Texas state

My current employer has offered me the opportunity to work remotely. Given the nature of my work, which primarily involves digital tasks and virtual meetings, there seems to be no immediate need for me to be physically present at our company's office location. This flexibility has prompted me to consider relocating to a different state, where the cost of housing is significantly lower.

Do they need to initiate H1B ammendment for this due to change of location?

Before proceeding with any such move, I am eager to ensure that I am fully compliant with all relevant laws and regulations. Therefore, I am seeking your expertise to clarify the legal implications and potential considerations associated with working remotely from a different state, particularly in terms of tax obligations, employment laws, and any other pertinent legal matters.

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1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
Answered
  • Cary, NC
  • Licensed in North Carolina

A: Changing terms and conditions of employment can potentially affect an employee's H1B status. With some changes, the employee might no longer be eligible for H1B status. However, other things might just require an update (like a new Labor Condition Application).

To obtain legal advice on your specific situation or connect with an attorney who can assist you, you should consider scheduling a consultation. (This is just a Q&A forum.) You could try searching the directory and reaching out to an attorney directly. Also, the Texas State Bar has a lawyer referral service that might be able to connect you with an attorney.

Good luck!

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