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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28401
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a valid H1B and in 2014-2015 I was deployed to China

Customer Question

Hi - I have a valid H1B and in 2014-2015 I was deployed to China on an assignment from my company - I was located in China the whole time barring a 10 day trip to the US. During my time there, I was running a US payroll from GA. My W-2 also has my GA address. However, I don't have an LCA for GA (never worked in GA - only payroll was deducted from there). My visa is due for a renewal. Do you think this will be an issue with USCIS?
Submitted: 8 months ago.
Category: Immigration Law
Customer: replied 8 months ago.
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Expert:  Judith Ludwic 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.

No I do not think this is an issue. Many companies run payroll from a different office location.

Often workers use a permanent address in another state for purposes of filing your income tax return.

If you were working in China and not in the US not having an LCA for Georgia for a 10 day short term assignment will not be an issue.

In addition, you can recover all time not spent in the US. It is not counted towards the 6 year maximum period for the H1B.

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Judith

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