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Hi i want some clarification on this. I am on a H1B and

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

Hi

i want some clarification on this.

I am on a H1B and my client is in Dallas and my employer based in Houston has filed a LCA for Dallas.

My question is that do i have to live in Dallas or can i reside in any part of the US. or do i have to live either in Dallas (client Location) or Houston (employer location)?

Thanks,
Sid.

Submitted: 284 days and 21 hours ago.
Category: Immigration Law
Value: $65
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 284 days and 21 hours ago.

The LCA is area specific. This means that if there will be a change in location of the employment, a new LCA must be filed and a new H-1B process filed. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer replied 284 days and 21 hours ago.

Hi Guillermo,


I think i did not ask the question correctly


My employment location is not changing. It is still Dallas. I am asking can i reside in say LA and travel to Dallas every week to perform my project duties.


or do i have to reside in Dallas as my LCA is in Dallas?


Thanks,

Sid.


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Expert:  Guillermo J. Senmartin, Esq. replied 284 days and 21 hours ago.

Ah, ok. Yes, you can reside anywhere in the U.S. as long as your actual employment is in the location described in the LCA. Sorry about the confusion. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.

Customer replied 284 days and 21 hours ago.

thank you can you please elaborate now what constitutes "actual employment is in the location described in the LCA". what are the criterias?


PS: I will definitely leave a positive feed back, do not worry about that.



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Expert:  Guillermo J. Senmartin, Esq. replied 284 days and 21 hours ago.

You are going to have to look at the LCA as it was prepared by your attorney and approved by the Department of Labor. In there it will state what location the job was listed under. The job has to be conducted in that area or the LCA would be invalid and so would the H-1B. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.

Customer replied 284 days and 21 hours ago.

i am confused again.. but please confirm that your last statement still stands. i can reside anywhere but work at the place mentioned in my LCA.

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Expert:  Guillermo J. Senmartin, Esq. replied 284 days and 21 hours ago.

You can LIVE anywhere you want, but you MUST work in the location that is listed in the LCA. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.

Customer replied 284 days and 21 hours ago.

Hi


I don't see a ACCEPT button. I just see a SUBMIT button for rating your service. Is that the button u want me to click or is there an ACCEPT button

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied 284 days and 21 hours ago.

Sure, that should be it. Thank you!

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.1 %
Accepts: 26800
Answered: 6/29/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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