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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28297
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently working on H1B at client location in Chicago,

Customer Question

I am currently working on H1B at client location in Chicago, IL . I have got the client permission to work from home from Dallas, TX. To work from Dallas , can I file an H1B amendment and provide my Dallas home address for the new LCA? Is home address accepted by USCIS? If the home address is not possible, is it possible to provide my employer (and not client) address who has office in Dallas for the new LCA?
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: yes but I wanted a second opinion from a different lawyer
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Customer: I am currently working on H1B at client location in Chicago, IL . I have got the client permission to work from home from Dallas, TX. To work from Dallas , can I file an H1B amendment and provide my Dallas home address for the new LCA? Is home address accepted by USCIS? If the home address is not possible, is it possible to provide my employer (and not client) address who has office in Dallas for the new LCA?
JA: Is there anything else the lawyer should be aware of?
Customer: no
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Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith replied 8 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.This is not an easy one!When the USCIS reviews the petition they run the work site address through a data bank to determine whether this is a commercial location and whether a business license has been issued for work to be conducted out of the worksite address.This will come back flagged because it is a residential address.I have tried this a couple of times and stopped because although telecommuting is commonly used by the US government and it's contractors and throughout industry,it is not an easy hurdle to overcome with the H1B program.Why? Because the test of a employer/employee relationship is whether you have a site manager who supervisesand oversees your work product.USCIS will evaluate whether the petitioner has the “right to control” the beneficiary’s employment, such as when, where and how the beneficiary performs the job. http://www.ilw.com/immigrationdaily/news/2010,0114-h1b.shtmAlso see Page 3 III The Employer-Employee Relationship"when where and how" the beneficiary performs the job duties; does the petition supervise, when and how; is there day-to day supervision; who provides the tools; how is progress and performance controlled.So in addition to having to prove the beneficiary is working at a location that is licensed to have a business operated out of the location on the LCA and the petition these other factors must be addressed to show DAY TO DAY supervision.Telecommuting full-time from a home work office seldom meets the test.Logical? Realistic in today's work place? Reasonable? NOT, but that is immigration law, it is totally out of touch with reality.I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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