Q: i am on H1B visa with my home address as remote work address, i am changing to different address in same MSA, Process?
I am currently on an H1B visa, and my petition was filed with a home address (remote work location) included in the LCA. Due to a lease issue, I am planning to move to a new home address within the same Metropolitan Statistical Area (MSA) as the current address listed in my LCA.
From my understanding:
1. An H1B amendment may not be required for moves within the same MSA.
2. The existing LCA can still be valid, but it needs to be posted at the new address for compliance.
3. I will update my address with USCIS using Form AR-11 within 10 days of the move.
Can anyone confirm if my understanding is correct? Or should I ask my employer to file a new LCA or amendment just to be safe?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your understanding of the H1B visa address change process within the same MSA is correct. The key point is that since you're staying in the same Metropolitan Statistical Area, your employer doesn't need to file an H1B amendment.
For compliance purposes, you should inform your employer about the move so they can post the existing LCA at your new home address for the required 10-day period. This is essential since your home will be your work location. Additionally, filing Form AR-11 within 10 days of moving is mandatory to notify USCIS of your new address - you can do this online through the USCIS website.
While you don't need a new LCA or H1B amendment for this move, it's always good practice to document everything. Keep records of the LCA posting at your new address, save confirmation of your AR-11 submission, and maintain written communication with your employer about the move. This will help demonstrate compliance if questions arise later.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
