Q: Does a temporary change of location require amendment, while on H1B?
I have been working for a software company on an H1B visa since October 2023. I am residing in the same city. My H1B petition and LCA have been filed accordingly. Now, I have started working on a new project which allows me to do remote work. So, I am planning to move out of the state and reside with my family in a different state, and my apartment lease is also about to end. My employer denied filing an amendment of change of location because they didn't want to bear the cost. My employer said if you want to stay with your family which is far away from the actual job location then we cannot help you out. Another reason is the project I am working on is a short-duration project (around 6 months), after completion of this project, I will rejoin my actual work location. For a shorter period, the company does not want to refile my petition and LCA.
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A:
When considering a temporary relocation while on an H1B visa, the requirements depend on several key factors. The law generally requires an amendment and new LCA if you work from a location outside the geographic area covered by your original LCA, even for remote work.
Your situation - wanting to move to another state temporarily while working remotely - would typically require an H1B amendment and new LCA filing since you're planning to work from a different state. While your employer isn't legally obligated to file or pay for these changes, working from another state without proper documentation could put your immigration status at risk, regardless of the project's duration.
Given that your employer has declined to file the amendment, your safest option would be to remain within the geographic area specified in your current LCA. If moving to be with family is important to you, you might want to explore other employment opportunities with companies willing to support your desired work arrangement, or consider waiting until after this temporary project ends to make such a move. You may also wish to consult with an immigration attorney to understand all your options and potential risks.
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