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Can H1B holder work from Home? Same LCA, MSA, Amendment?

Since the pandemic, working from home is a norm. While it is easy to do, it has implications if you are on a visa in a foreign country. As many companies closed their physical offices and recommend their employees to work from home or operating in hybrid more, many H1B visa holders are wondering, if they can work from home and its implications. In this article, we will cover all details regarding working from home, H1B LCA requirements, amendment rules, etc. and address common FAQs at the end…

Before we get into the details, you need to understand the basics of H1B LCA and what does locations in it mean. If you do not know LCA basics, read What is H1B LCA ? Why file it ? Salary, Location ?.  Let’s first look at the locations information in H1B LCA.

What are the Locations mentioned in LCA ? Place of Employment ?

When an employer submits a Labor Condition Application(LCA) for H1B visa holder, as per rule, they need to fill out the “Place of Employment” and all the temporary or short term work site locations that the employee intends to work. Employer can list up to 10 temporary or short term work site locations for a single LCA. Below are details on what each of those work site locations mean.

  • Place of Employment:  The “place of employment” field that is listed on LCA by employer is nothing but the physical location of the office, where employee spends most of their time for their work. This is considered as the primary worksite and it determines the prevailing wage for the LCA. It is also used to calculate the “area of intended employment”, where the concept of Metropolitan Statistical Area (MSA) or Primary Metropolitan Statistical Area (PMSA) is used to identify, where all employee can work using the same LCA.  
  • Temporary or Short Term Work Locations : The additional temporary or short term locations that employer fills out in LCA are the locations that an employee may travel for meetings, short term work less than 5 consecutive days in a week.
  • Working at Client Site – Location : If H1B employee is planning to work at a client site, they also need mention their address details, including the client name. The client is termed as the secondary entity for LCA purposes. The client location address would be the primary worksite location or “Place of Employment” in the LCA and is used for prevailing wage as well. The rule of mentioning client name came in late 2018 and it exposed many large companies IT outsourcing partners in the past and created stir in the industry, Read Top 20 MNCs, Clients from LCA Stats.

Below is the exact form screenshot that employer fills out. Check out the highlighted text. Of course, this is electronically filled with DOL FLAG system now, which is used to file LCAs.

H1B LCA - Employer Info - Locations List that Employer can work

Place of Employment in LCA = H1B Holder’s Employment Geographical Area

The “place of employment” listed in LCA is key to determining the geographic location where the H1B employee can work. As per regulation 20 CFR 655.715, the “place of employment” listed in LCA  is nothing but the “area of the intended employment” and they have a formal definition for it.  The way they determine that “area of intended employment” is by looking at the normal commuting distance.

There is no specific rule for calculating commuting distance, it can be anywhere from 20 to 50 miles.  This is where the Metropolitan Statistical Area(MSA) and Primary Metropolitan Statistical Area (PMSA) are used to determine, if the location you are working falls within the commuting distance. So, technically, the H1B employee can work anywhere in the commutable distance region from the “place of employment” listed in LCA..

Below is the formal definition from the regulation that says, H1B Employee is allowed to work around the location that was listed in LCA as primary worksite.

H1B LCA - Metropolitan Statistic Area MSA rule - Commuting Distance Rule

Now, that we know what the rules are and where all H1B holder can work for LCA, let’s look at specifics for working from home.

LCA requirements to Work from home on H1B? Same MSA, Geographic Location?

As per the DOL factsheet for ‘Place of Employment’, which is based on regulation, there is no need to file a separate LCA for the worksite, which is your home, as long as it is within the “geographical area of the intended employment”.  If your home is within commuting distance from your physical office, where you work most of your time, then you do not need to file a new LCA as long as the work you do has not changed that is tied to role or SOC Code listed in LCA.

Technically, if your house is located in the same MSA or PMSA, then you do not need a new LCA, provided it is within commuting distance. You can check DOL MSA Map to find out the MSA details of where you live. See below the official factsheet screenshot indicating that there is no need for new LCA.

No need of new LCA - if Employee is in Commuting Distance

LCA Posting Requirements to Work from Home?

As per the regulation, if there is no change in the work you do and you plan to work at a location that is not listed in the LCA, but part of the same MSA or within commuting distance that is classified as “area of intended employment”, then a physical or electronic copy of the LCA has to be posted at the new location of employment.

If the new location is your home, then you need to post the LCA at your home or your condo or apartment.  You need to post it before the start of employment or work. See below the screenshot of the official rule that talks about posting requirements.

LCA Posting Requirement Rule - Hard Copy Notice 10 days

You may also watch the H1B LCA YouTube Video, that has all these details.

H1B LCA Posting requirements to work from home ? How long ?

As per regulation, you need to post the LCA at two conspicuous locations for a total of 10 days, before you start working at new location. See above screenshot regarding the rule. Now, regarding posting at your home, you are technically required to post it before you start working from home. Some of the locations, where you can post are notice boards or bulletin boards, if you are in a condo or apartment.  

If you are in Independent home, you can post it at the door or entrances. The requirement is to post it in a size that someone can read it. You need to post the hard copy or electronic copy, if there is a common file share for the location you work at. You can take a picture of the same and send it to your employer’s immigration or HR team, so that they document the same for record purposes.

What exception did DOL Give with COVID-19 for Posting the LCA ?

Technically as per rule, you need to post the LCA on or before the start the work. But, they have relaxed the rule due to COVID-19 situation and indicated that the posting of LCA has to be done no later than 30 days after beginning work at the new worksite location, which could be your home. See below screenshot of the guidance and check official FAQs by DOL for COVID-19 from March 20th, 2020

DOL Notice for COVID-19 for Posting LCA Notice

Now, what if my home is not in the same MSA or commuting distance, what are my options…

Working at Client – Home far from Work ? Can I Work from Home ?

If you are in Consulting role, you may work at a client and travel back to your base location every week. You probably fly out every week or drive more than 100 miles every week and the client location is not in same MSA as well. In such scenarios, the rules are different and you cannot just work by posting LCA at your home…Technically, your home location is not listed on the LCA, it is the client location that is listed as “Place of employment”. This is where the concept of “Short Term placement” option comes into the picture. Let’s look at the details.

Short Term Placement Option to work from Home

If an employer needs to have a H1B holder work at a location that is not listed in the LCA as “place of employment” or within commuting distance / same MSA, then they can use the “Short term placement” provision given by DOL. As per the short term placement rule, employer can place a H1B holder at a different work location, for up to 30 Work days ( continuous or non-continuous) within one year period.  This 30 days can be extended to up to 60 work days, if the employee meets the below three conditions.  

  • H1B Holder maintains an office or permanent work station, where he usually works.
  • H1B Holder spends most of his time in a year in the actual location listed on LCA.
  • H1B Holder’s residence address is close to the permanent work site or location listed on LCA. You need to have lease for home, bank account, driver’s license or residence or worker’s dependents.  

The tricky one is the third one, which is hard to meet as many stay in hotel.  But, if some of you have a residential address in client’s location or city, where you work and travel, then you maybe able to use the short term placement option for up to 60 days. Below is the actual regulation that talks about these 3 conditions.

H1B Workers Short Term Placement Rule - Place of Residence

What are the requirements for Employer to allow Work outside of MSA Location ?

The employer must not have an LCA filed for the location (it could be home location) and there is no lock out as well. Besides, the employer has to pay the required wage as per the original LCA for other location and also pay for the cost of lodging ( rent, other expenses, if working from home) for all the work and non-workdays. Also, they need to pay for the travel, meals and other expenses for each of the work and non-workdays. Basically, they need to pay the employee as if the person was traveling every week.  See below screenshot from the factsheet issued by DOL.

Employer Obligations - Short Term LCA

What should be done when you reach 30 or 60 Days during Short Term placement?

If you are working at a location, away from your primary work location listed on LCA for close to 30 workdays or 60 work days, then you need to take below actions.

  • If you would like to continue to work at the location after 30 or 60 days, file an LCA for your current location and file H1B Amendment for the same. The amendment is required as it is considered a material change, that is part of the Simeio Solutions USCIS H1B Amendment Guidance. You need to do this before your 30 or 60 work days end.
  • You need to stop working when you reach the 30 or 60 days mark.
  • If you continue to work beyond that, it will  violate the employer’s terms of LCAs and impact the employer’s ability to use short term placement for that classification in that location.

Below is the official regulation regarding the same from Regulation 655.735

Short term placement exceeds 30 days rule

Now that you know the overall rules to work from Home on H1B, it is important for you to know that you need to file Amendment, if you change location and just LCA is not sufficient for new location. Let’s look at that.

What is the general rule for H1B Amendment ?

In general, if you need to work in a different location that is not your current location listed on LCA, you need to file a new LCA for that new location and file Amendment for the location as it constitutes a material change. You need to technically file it before you start working at the new location. See below USCIS guidance based on Simeo Solutions Judgment

USCIS - H1B Amendment Rule for LCA

Common FAQs

What is a Workday for LCA during Short Term placement ?

Work Day is any day that the employee performs work. It is not the weekday, it is any day including weekends. If you work on weekend even for one hour, then it is counted as work day for short term placement calculation of 30 or 60 days.

How many days should LCA be posted at my Home or New LCA Location ?

It is 10 days.

Can I work for 60 work days, if I do not have residence at Client Location ?

If you do not have a residential address around your client location and you commute back to your residence address in other city or state, then you cannot use the Short term placement provision to work for 60 work days, you can only work for 30 days.  In that case, you need to file a new LCA for that location and file Amendment for the location before you reach 30 days.  You need to technically file it before you start working at the new location.

Are you working from home now ? Did you follow the above procedures for LCA ? Did you talk to your employers ? Share your thoughts in Comments…

   

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93 Comments

  1. My office address is in state A , where as my current home address is in state B. However, H1B LCA has place of employment as office address in state A, and my current home address in state B. My salary payout is as per state A standards. Do I need to move from state B to state A in such case ? If yes, how long is it legal to work from state B ?

    Reply
    • ramana,
      You can only work in the location that is the primary place of work or within the same MSA. You cannot work for longer time as explained in the article. Talk to your employer and plan to move.
      It is violating of H1B status, if you work for longer than you can at a place that does not have LCA tied to that location. You may need to file an amendment as well depending on the situation, talk to your attorney.

      Reply
  2. Hi
    I got job in company A so moved from state A to state B but my employer filled H1b in normal process. Due to some issue I’m planning to move to company B in state A. Company B is ready to file H1b in premium.
    Do I need to file amendment for company A H1B visa?

    Reply
  3. My h1 b petition was approved last year June 2020. I was asked to work in between 2 locations (within 50 mile radius from my home address and the original work location in my LCA) in the pandemic from the months March through early September. However, I am back to my original location since September 2020 till date. I am from MD and my attorney advised that it is not needed as long as it is within the suggested radius. I want to get a second opinion for my situation as I will be soon filing for my GC. Any particular things I need to have in mind or do on my H1 B approved visa before i go ahead with my GC process.

    Reply
  4. Hi Kumar,

    I’m looking at moving to a different state and my employer will be filing an H1B amendment. Can I move as soon as it is filled or should I wait till it is approved?
    Have there been any cases where it was denied?
    I’m a direct employee of a large US company and all my paperwork is clean.
    Any advise please!

    Reply
  5. I got an offer from a consulting company where End client is offering work from home for permanently , I am living in different state and consulting company and client has offices in different states .

    My consulting company is filling LCA for proposed work site 1- as my home location only .

    not at client location .

    Can I work remotely from home for long period on H1B?

    if I travel to India and go for stamping will it create any issue ?

    appreciate your response .

    Reply
    • Shirish,
      As long as you have LCA for the location you are currently working at, you are fine. It does not matter where your end client is

      Reply
  6. Hi,
    I have unique issue, when i joined the company i was assigned state A and after one month I was asked to shift to State B. My company has not amended the LCA for working in State B. Now H1B is due for renewal in two months and all my pay stabs are showing my address as State B but LCA is for state A only. How to get over this

    Reply
  7. My company will be filing amendment as i will be working remotely from a different state. I know i can put my home address as a work address also but will i have to change or file amendment again if i change my home address? Wouldn’t it be safe to put an office address in the LCA application? Please let me know. Thanks!

    Reply
  8. Hi,

    I’m currently working as full time employee for a consulting company. I have my previous client address on my LCA. Now, I have started working for a new client which is in another state but the role is remote, so I’m working from home. My house is within 50 miles from my previous client address. I’m planning to visit India and also planning to get my visa stamped which is expired in Dec 2020. Do I need to file an amendment?

    Reply
    • Deepak,
      This depends on the kind of work you do and everything else. If your client has changed, it may need a new LCA. Your attorney is the best person to say this. Check with them before you proceed.

      Reply
    • Hi Deepak, i am in the same boat as you are , did you get any answer to your question ? please let me know , you can send what you found to my email vijay7341@gmail.com, Thank you in advance.

      Reply
  9. Hi, I am a civil engineer working full time for a consultant company. I have been asked by my client (a government agency) to work inhouse (at the client office if the pandemic didn’t exist) for 2-3 days a week. My employer office and the client office is 9 miles apart and within the same MSA. Currently I am working from home and will continue to do so even if I get to work inhouse for the client. My question is, do I need to get my H1b amended as I am temporarily working for different employer.

    Reply
  10. Hi Kumar

    I have H1B visa for internal position Company A but if I want to get it open and work for Company B as consultant but I will still remain employee of Company A, what do we need to do ? Does my employer need to file amendment request to open the position.

    Thanks

    Reply
  11. Hi Kumar,
    My H1b is going to expire in April 2021. I’m currently in India and my employer X is going to file my extension soon from here. And I’m a contractor working for a USA client Y.

    When I was in the USA, I used to live within 6 miles from my client location within the same MSA. Since my client office is not fully operational due to the pandemic, wanted to know the possibilities of LCA posting.

    1. My existing LCA has this client location mentioned already.
    2. While filing extension, there is no option to post the LCA physically at client location.
    3. Can I get my LCA posted by my employer/roommate in my apartment in USA where I used to live?
    4. If not, is there any other option for posting LCA (as physically posting at client location is not possible)?

    Reply
    • Parin,
      Some of these are grey areas, they can publish electronically in the website or so. Check with attorney. It is not a bad idea to post it at your home and use that too as offices are closed. Check with attorney.

      Reply
  12. Hi
    My husband has approved petition till May 2023. But due to pandemic his project ended and he got a new project. He is working from home. His employer hasn’t filed LCA or New petition. If we go to India for stamping, Can we get visa stamped based on previous approved petition?

    Reply
    • Poo,
      Only, if the previous petition is valid and still working based on that. Based on what you say, it is not valid. So, you should try that. If you do something like that and they put in query or check, then you will be in big trouble for misrepresentation.

      Reply
  13. Hi,

    If my client is at location A and due to pandemic I am working from home from location B which is more than 500 miles away. Due to pandemic I don’t feel safe to travel back to location A.
    Do I need to be in 50 miles of LCA location in order to work from home ?
    What are the implications if I continue working from location B without filing LCA & amendment ?
    What are my options ?

    Note: I do have a residence in location A and pay rent.

    Reply
    • Sag,
      You cannot work like that far away, you need be in the same MSA. If you work like that you are technically in violation of your status. If there is any audit or site visit, you would be in big trouble. Speak to your employer and do required paperwork like filing LCA and amendment to be compliant.

      Reply
      • Does USCIS perform site visits during COVID ?

        On another website I read that site visits don’t happen if employer offices are closed due to COVID.

        Reply
        • Sag,
          Technically, they can reach out to your employer and validate it. Nothing is stopping them from checking and verifying. Unless, it is from USCIS do not trust anything. Be prepared and always be compliant with the LCA and Other Paperwork.

          Reply
  14. Hello,
    I have H1B petition approved against Client A address in State A which is within 50 miles from my home address in State A.
    I left USA and now returning back to join Client B in State B but will work from my home in State A which is within 50 miles of approved petition LCA address.
    Do I need amendment before going for stamping ?

    Reply
      • Hi Kumar,

        what about working remote from home location (about 70 miles from Los Angeles, CA office)?

        and the residence falls under a different county (within California) with slightly differing cost of living.

        1) Is that considered a commutable distance?
        2) will I be able to maintain the same salary (from point of view of LCA)?
        3) Do I need to file an H1B amendment?

        Please advise.

        Reply
  15. Hi Kumar,

    I am full time employed with a product company (direct client) on H1B and currently in State A and planning to relocate to State B which is more than 50 mile radius.
    Secondly, I will be full time working remotely from State B but the company has no office in State B. Since I relocating, I don’t have any home address there since I can’t relocate without filing H1B amendment but again to work from home, an address needs to be mentioned as new work location in LCA.

    Based on the above what are my options and what would you suggest considering, I might relocate to some other apartment/house within 50 miles of my initial stay place in State B.

    Reply
  16. Do we need to provide a reason/proof for H1- B Amendment application?

    Situation : I am currently on H1-B VISA and my employer is located in State A. My approved LCA has the location of State A. I am getting married and planning to move to State B. An H1-B amendment will be required to be filed by my employer but do i need to provide proof of marriage/certificate while my employer is filing the amendment.

    Reply
  17. Hi Kumar,

    My office is going to be permanently closed and company going to adopt WFH policy for this site’s employees. I am located within 50 miles from the office location.

    Can you tell me what actions need to be taken.

    Thanks

    Reply
  18. Hi Kumar,
    I am applying for an H1 transfer to my end client but the position is in a different state. Currently with covid situation I will be working from home. My current residence is in a different state but I am planning to shift soon. In the LCA do we need to mention both my current residence address as well as the work location. Since I will be moving soon and I don’t have the new residential address but I am going to be in the same MSA as the office location. What would be the best approach in this scenario..??

    Reply
  19. My Office is in New York State (NYC) and I live in New Jersey (Jersey City). Total distance from my home to office is 6 miles (45 minutes). Does this require me to file amendment for current H1B ? For my H1B extension do I need to show both locations ?

    Reply
    • Suresh,
      It is in commutable distance, so no need just based on the location. Add both addresses, if you work from home. Talk to your attorney.

      Reply
  20. Hello

    I have a question about H1B holder working remotely.
    I am working remotely even before COVID started. I just got to realize that there are some consequences if I work away from the location mentioned on LCA.
    My place of residence is 42 miles away from work location and my residence is also not within same MSA . Earlier I used to commute every day, but from last 2 years I am working remotely.

    Do I need to file new LCA listing my residence as an additional location?
    Do I need to file amended H1B?
    How is USCIS interpreting “normal commute” distance and “Area of intended employment”?

    Reply
    • Srini,
      Yes, you need to, if not in commutable distance.
      Yes, very likely
      This is subjective, usually commute distance is in the same MSA.
      Talk to your attorney immediately and act on it as LCA compliance is important.

      Reply
      • Thank you for your guidance.
        Just to add–I was commuting earlier (42 miles everyday) but nowadays offices are closed due to covid and so working remotely.

        I was reading on some other posts and that says “If worksite (i.e. home address for remote workers)” is within commutable distance then there is no need for new LCA and H1B amendment even if it is outside MSA. Is that true?

        Reply
        • Srini,
          As I said some of this depends and grey area. Read above regulation, it says commuting distance can be 20, 30 or 50 miles…Check with your attorney on this. It may or may not be needed. The general rule is to be in same MSA, but there are exceptions too, if in commuting distance. Your attorney is your best person to guide here.

          Reply
          • Hi,
            I am applying for an H1 transfer to my end client but the position is in a different state. Currently with covid situation I will be working from home. My current residence is in a different state but I am planning to shift soon. In the LCA do we need to mention both my current residence address as well as the work location. Since I will be moving soon and I don’t have the new residential address but I am going to be in the same MSA as the office location. What would be the best approach in this scenario..??

  21. Hi Kumar,

    My H1 transfer petition got approved for the client which I working before. That project got over by July 2020. By September 2020, they will be having another project but however the rate is lower than before. Every other details remains same – work location, client name, address , my designation, roles and responsibilities. When the rate alone changes do I have to undergo an amendment again?
    To give a background, I work with a consultancy, and in EVC model. My employer says for rate change alone, I may have to undergo amendment, please let me know if thats is the case or not?

    Reply
    • H1B,
      You may need to, if the wage rage change is significant and it is related to change in some terms. Your employer or attorney would be the best person to tell this.

      Reply
  22. Hi Kumar,

    Currently I am staying within 25 miles of my work location. AS the office has closed for the next 10 months and they gave us WFH option so I am planning to move 107 miles away from my office to a cheaper place and stay the next 10 months there. This place is also under the same state where I am staying now and also where the office is currently. Do you see any issues?

    Reply
    • Abinash,
      If you move away for such long distance, it will not fall under same MSA and you will need to file a new amendment for the same, including new LCA. Read above, it is clearly stated and official guidance for the same.

      Reply
  23. I work full time for a company in city A and my wife lives in city B. I have a valid H1B extension till 2023. I visited my wife in March 2020 just before covid struck and have been living here since my office has gone completely remote for rest of the year. Do I need an amendment? Are there any implications for filing it late?

    Reply
    • Ronak,
      Yes, you need to do it as you are living there. As it is not short time stay, you should file as described in above article. Talk to your employer.

      Reply
  24. Due to the current covid situation my employer has given the option to work remote permanently even after this pandemic is over. Now i want to use this option and move to a different state B. The state B also has offices but of a different business unit. Theoretically my employer can move me to the office in State B but am not sure they would want to put money to setup an office just for me. Now i know i know i need to file a new LCA and new h1b amendment if i am moving full time to state B. My manager would still be in State A.

    I have 2 questions:
    a. Can I work at a different location (state) than my manager?
    b. The work location in state B should be a real office or it can be an apartment address? Which option can raise a red flag and trigger a RFE due to this reason?

    Thanks.

    Reply
  25. My home is 11 miles from my office which is considered as normal commutable distance but it falls on a border of a different county which is part of a different MSA. Now as per 20 CFR § 655.715 it falls under the area of intended employment where the requirement is that it has to be commutable distance and does not have to be part of the same MSA (Note that the PMSA is same for my office and home). Will I need an amendment in this case?

    Reply
  26. I work for a client in California- City A and have a valid H1B uptil 2022. My home location is in City B , California which is within MSA of City A mentioned in my LCA. I got a offer to work for a client in City C in PA. They agreed for me to work remote for another 6 months. Can I work from home at City B in California up until 6 months and then post 6 months file for an amendment when I relocate to City C in PA?

    Reply
    • Vijay,
      The rule is simple, you need to have LCA for the location you work, either home or your client location. If you move outside of MSA, then you will need to file an amendment as well, that’s the rule. So, plan accordingly. Talk to your immigration attorney too.

      Reply
  27. Hi Kumar,

    I really appreciate you writing this article and responding to all the questions. I have a similar situation I wanted your advise with. I have started working for new employer A who is at state S1 whereas I am still at State S2 where I used to work for my previous employer. My approved petition for employer A has LCA with client’s address in State S1.

    Now since I could not move to State S1 because of COVID situation, can my employer file Amendment to add my State S2 home address in my petition and in my LCA so I can continue to work from home here in state 2?

    Also if they will add my address in the new LCA and amendment, will there be anything needed to be done when I move to State S1? Is this possible to add State S2 address in my LCA which is of State S1?

    Reply
    • Mohtasham,
      Yes, that is the right approach to file new LCA and amendment. They will basically file a new LCA and file an H1B amendment using that as the wage and info will change. Discuss with your attorney, they will share all details.

      Reply
  28. Hello
    I’m currently working in New York City and my current project is completed and I got a new offer within the same MSA (new york city ), do I need to file a new LCA?

    Reply
    • kumar,
      It depends on few factors, not just the location. If there is a material change like role or client change, etc. there may be a need to change it. Only your attorney would be the person who can tell this.

      Reply
  29. Hello,

    I got an offer from company X from state A, but i told them i want to work from home for next 6 months until this covid has sorted out. I live in state B.

    Will that work during the visa transfer? can my home office be a location in the LCA for 6 months?

    Please let me know. Thanks in advance.

    Reply
  30. Hi Kumar,

    1. Can H1B extension be filed for remote location (LCA) in state A when client who is in state B allows the person to work from state A? Client can give letters stating that the person works from State A home office. If LCA is filed for State A, will this be a problem while filing extension? Has anyone done this?

    2. Should the person file 2 LCAs here? One for State A and other for State B? Is this even allowed? Or will there be rejection? Or can only 1 LCA be filed for State A alone?

    Please share any experience and clear answers for the questions.

    Thanks for the help.

    Reply
    • Padma,
      1. It should not be a problem. What matters is the wage at the Home location. If there is a discrepancy, then the employer has to match the LCA location wage. Just imagine, your client is in some remote location in Texas where prevailing wage is 80K, now lets say your home in SFO down town, now your prevailing wage in SFO down town would be 120K…that’s the trick..So, it is the employer’s’ burden to pay as per where you are working based on LCA.
      2. You can have multiple work locations, you can add up to 9 work locations. Your employer can mention them during LCA filing. One will be primary, rest will be visiting…Discuss with your employer, they would know this.

      Reply
  31. Hi Kumar,

    Here is my situation, My current project ended and I am assigned to a new project which is in a different city greater than 50 miles from my home address. My visa is expiring in July 2020. Hence my company is filling for Amendment and extension petition for the new work location. My company says, once the petition is filed, i can’t work from home as it’s more than 50 miles from the new work address. Is that true? Are there any other options in this case to work form home?

    Reply
  32. Hi Kumar,

    I have 2 LCA one for current H1B. One for my Client location and another one for my home (Both’re on same MSA). My project s going to end here in current location, and I am going to join a new project in location B.
    1. Can I continue wok for home in this current situation from home using my current home LCA (Client B is OK to work from home until current situation is resolved)? or should I need to file an Amendment as my client location is going to change even though I am not planning to relocate immediately?
    2. I have an H1B extension also coming up and if I file an extension for location B, then should I need to move out immediately to location B from the current location where I have my H1B approved?

    Can you please advise?

    Reply
    • Hari,
      1. Well, if your work is changing as client is changing due to duties changes, then it is classified as material change and then typically it is an amendment. If you look at LCA, it has secondary entity employed field. So, discuss with your employer and take a call, usually you need amendment as most of the times, there would be material changes.
      2. You need to file extension based on where you intend to work. You should discuss with employer and attorney and plan it out carefully.

      Reply
  33. Hi Kumar ,

    I have a unique situation

    1. Previously , my office n home are in same MSA with in commutable distance . Then, I lost job in April.
    2. I moved my residence to new home in different MSA which is 60 miles from previous home and 66 miles from my previous client location.
    3. Now I got job with another client who is 48 miles from previous client and belongs to different MSA. My new home address is 34 miles from new client and belongs to different MSA. Client asked me to work from home till COVID situation goes away.

    Question : do I have to file amendment given that new client is 48 miles from previous client and 34 miles from new home and 19 miles from old home address ? Note that all are different MSA.

    Reply
    • Rocky,
      If a client change happens, usually amendment would be filed as the Secondary entity changed. it is not just about commuting distance, it is also about client change.
      Discuss with your attorney and plan it out.

      Reply
  34. Hi Kumar,

    I travelled to india for my h1b stamping on 1st march and i received it on 13th of march . Now i m stuck here in india due to covid 19 lockdown. Do i have to make any changes to my LCA or file an amendment to work from india? I was working full time in usa on h1b and was getting paid in usa account now i m here in india on vacation which is set to end soon what are the measure required for me to work remotely from india?

    Reply
    • Mayannk,
      Well, when you work from India, it does not matter what your LCA is and what your status is. You are not under H1B guidelines, so does not matter. Now paying is a different thing, you need to discuss with tax person on how you will have to pay taxes in India.

      Reply
  35. Hi Kumar,

    I am working in City A, my office and home are within 5 mile distance. My Current project completed, Now I have got new project in another State ( new Client). Can I work for that new client from my current home location before filing new LCA and H1B amendement?

    Thanks.,
    Govind.

    Reply
  36. I traveled to India for H1B stamping and right before the Interview Day, Consulates were closed and all the appointments were canceled. Can I still work remotely while being on H1B?

    Reply
    • Raul,
      You do not have H1B status, when you are outside of US. You are in India as Indian citizen. So, you can continue to work. The key thing is that your employer has to maintain I-9 compliance and they need to ensure that you are not documented as H1B. Also, there would be tax related implications and you need to pay taxes as per the rules of India.

      Reply
      • Hi Kumar,

        I am currently in USA. And would like to go India and work from there for 3 to 4 months. Will I have any impact on H1b? My h1b extension has been approved but my visa is not stamped.

        What do you mean by maintaining i-9 compliance and not being documented as H1B?

        Reply
        • Ismail,
          When you are outside of USA, technically you do not need US Visa to work. When you are in US, then employer maintains a record of you, that is captured in I-9 form.

          Reply
  37. Hi,

    My friend has a unique scenario, where he works from home currently in state A, and his office is in State B. Home and office locations are commutable by 1 hour train. The employer has decided to cost cut and completely closed down the office and everyone has moved to WFH system. How would this affect his h1b application. Since the original office address is no more valid, on what address should he file his amendment? His current residential apartment is a rented place and he might move out of it in few months to a new place in the same state. How would all of this factor?

    Reply
    • dev,
      It will be a new amendment as the work location has changed. His current residential address.
      Irrespective of him moving out, it should be the place where he plans to work. If he is planning to go for a new place, then again, he may need to file new amendment, if outside of MSA.

      Reply
  38. hi,

    I have the following situation. need some guidance
    1. I have accepted an offer and H1B approved from new employer as well. However it is based in city A. At the time of processing H1B, company did not have a work from home order.
    2. I currently reside in city B (different MSA) which is in different state. While joining date was approaching (April 1st week), the company issues a work from home order.
    3. I am informed that my approved H1B has to be amended, since I cannot travel to city A and I would have to join virtually from my home (city B).
    4. Amendment process is going on now.

    But I saw a point mentioned in the article that there is a 30 day grace period to file new LCA and H1B amendment in Covid crisis.

    Does that mean, I could join company with my approved H1B and then within 30 day have new LCA filed?

    Also, eventually when climate becomes better, I will have to move to city A to join my team. Would this LCA and amendment process have to be repeated again?

    Thanks a lot.
    Uday

    Reply
    • Uday,
      Yes, that’s the summary. yes, has to be repeated again, if it is outside MSA. Every situation can vary, you should talk to your employer and then make this decision.

      Reply
  39. Can this petition be highlighted or posted as an article so it reaches the 100K target by April 18?

    https://forum.redbus2us.com/t/white-house-petition-to-extend-h1b-60-day-grace-period-please-sign/82733

    Thanks

    Reply
  40. I never has such requirement in past to post LCA at home so not aware about actual things. How do you post it? At the door? Is it OK that it shows my salary written over it to public outside my home ? I don’t get it somehow ?

    Reply
  41. Hi,
    It is a bit confusing for me. So my office location is say, within 10 miles from my home, but my home address is not in my LCA, now I need to submit a fresh LCA with amendment within 1 month? TIA.

    Reply
    • Venkat,
      No, you do not need a new LCA, but you need to post it at home for 10 days and have your HR document the same. See above article.

      Reply
      • Hi Kumar,
        Thank you for your reply. I guess, my question wasn’t clear as I wanted it to be. I understood from the very well written article above that it needs to be posted as – at home for 10 days. But, my intended question was – if we are working from home for more than 10 days. Looks like we are going to be in it for over at least 2 to 4 weeks.
        So if it is more than 10 days then do we have to go for LCA. As I mentioned already, my home is within MSA.
        TIA for all the good work you guys are doing.

        Reply
        • Venkat,
          The 10 days requirement is to post the LCA at home, it is not the amount of time you can work from home. So, you can work as long as you want, if you have posted the LCA for 10 days.

          Reply
  42. my lca has my office as well as home address cause I work from home often. I now plan to move (just 10 min away). Do I need to file a new LCA and new Amendment for this?!

    Thanks

    Reply
    • shreya,
      As long as it is within commuting distance, there is no need. Read the above article, it has the official definition as well.

      Reply
      • Hi Kumar,

        What if it is commutable distance but different MSA?

        Recently I moved my house from one MSA to different MSA which is 60 miles from office .
        Now , I lost job and got job in another MSA which is 30 miles from previous office and 30 miles from home . Both my previous office and home and new job are in 3 different MSA’s . Do I have to file h1 amendment ?

        Reply

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