Do I need to file H-1B amendment for work from home?

Home Address As Work Location in LCA. You can work from home if your H1B petition has your home address listed as the 'work location' permanently. If your current approved H1B does not list your home address, then you need to file an H1B Amendment to get USCIS permission to work from home.

Do I need to file H-1B amendment for work from home?

CAN AN EMPLOYEE WORK FROM HOME IN A DIFFERENT GEOGRAPHIC AREA THAN THE ONE LISTED IN AN APPROVED LCA? Working from home outside the geographical area listed in the LCA will require an H-1B amendment prior to the work from home taking place.

What requires H-1B amendment?

An H-1B employer must file an amended H-1B petition if the H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” (as defined at 20 CFR 655.715) covered by the existing approved H-1B ...

Do you need H-1B to work remotely?

The short answer is yes, you can work remotely in the US on an H-1B visa, but there are certain implications you need to think about. You are not free to take any remote work that is offered to you. You can only do work that is specified on your LCA and H-1B petition.

What happens if H-1B amendment is not filed?

If your employer has made major changes in your H-1B employment, such as salary and job description, and claims it doesn't need to inform USCIS, this is not true. Failure to inform USCIS about major changes can have serious consequences, including a Notice of Intent to Revoke (NOIR) or denial of future extensions.

When to File an H 1B Amendment?

When should I file H-1B amendment?

Change in Job Title or Job Duties

Changes the involve any of the following we always require an amendment: taking on significant new job duties (especially management) changing from a union-represented position to a non-represented position or vice-versa. changing to any non-academic job title or staff position.

Can I travel to India while H-1B amendment is in progress?

Changes of Status

If you are in the U.S. and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the U.S. while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status.

How far can I work remotely from office on H-1B?

H-1B regulations do allow for remote work, within commuting distance of the employer. An H-1B amendment petition does not need to be filed, but the remote employment requires a new posting of the Labor Condition Application (LCA) notice to reflect the remote place of employment.

Can I work remotely from India on H-1B?

H1-B visa holders may conduct remote work from any nation, including India. The legislation authorizes relocating H-1B workers to any place that is "Area of intended employment" from an approved location specified in the Labor Condition Application (LCA) at the time the H1-B visa application was made.

Does H-1B amendment get rejected?

Amendment is Denied

H1B amendment can be denied if the new job does not qualify as a specialty occupation. This does not invalidate your existing approved H1B petition. You can go back to work with existing or old H1B employers if their petition is still valid.

How long does an H-1B amendment take?

Depending on which service center is handling the request, processing an amendment change typically takes 4-6 months. If the change is occurring soon, consider premium processing to expedite the change and avoid issues should a job site visit occur in the meantime.

Is H-1B extension the same as H-1B amendment?

H-1B EOS (Extension) hold an H-1B at Northwestern but will extend employment end-date (all other employment information remains the same). H-1B Amend hold an H-1B at Northwestern but need to change details such as site of activity, job title, job description, salary, or hours worked.

Can H-1B work from home permanently?

Yes, but care must be taken to comply with LCA (Labor Certification Application) requirements. There is no regulation that prohibits employees from working out of a worksite that is their home, provided it's duly registered and compliant with LCA requirements.

Can I travel while my amendment is pending?

Even if you're staying with the same client, traveling outside the USA during the amendment process can be risky. USCIS (United States Citizenship and Immigration Services) may view this as a sign that you have abandoned your H1B status, which could result in the denial of your amendment or even your visa.

How do I check the status of my H-1B amendment?

Checking H1B Visa Status Online Without An Account

You are not needed to bother with an account to check your H-1B visa status online. Just you need your receipt number. Simply enter your receipt number on the USCIS website i.e., https://egov.uscis.gov/casestatus/landing.do to check H-1B Visa Status Online.

Can I do remote work from India to USA?

Indian job seekers must navigate complex legal and visa requirements when working remotely for US-based companies. Depending on the nature of work and duration, individuals may require specific visas or work permits. Ensuring compliance with US immigration laws is essential to avoid legal issues.

Can I work remotely from India for a USA company?

It's theoretically possible to work for a US company remotely in any country. Many American businesses have embraced the concept of remote work as a way of expanding international operations and making the most of talented workers abroad, making it feasible for international talent to contribute to their teams.

Do I need to file H-1B amendment within 50 miles?

Check any Metropolitan Area with this handy tool. It's safe to say that if the new workplace is within “normal commuting distance” (20-50 miles), it is most likely the same MSA and therefore does not need a new LCA or H-1B amendment.

What is the 90 day rule for H-1B?

What is the 90-Day Rule? According to the 90-day rule, a foreign national who engages in conduct inconsistent with their nonimmigrant status within a 90 day period of entering the U.S. may become inadmissible for the green card or even permanently barred from entering the US.

Is it legal to travel while working remotely?

As a result, full-time remote employees can still explore the world as long as they follow the rules of their employer. Additionally, it's possible to have a rewarding career while working remotely and traveling.

Can H-1B have 2 work locations?

Yes, an H-1B worker can work remotely for multiple employers. The employer must ensure that the LCA and H-1B petition are properly filed to reflect the remote work location and that all LCA posting requirements are met.

How long can I stay out of US on H-1B?

Typically, individuals with an H-1B visa are allowed to stay outside the US for up to 6 years. However, it's important to note that continuous absence from the US for an extended period of time can have implications on maintaining H-1B visa status.

How long can you stay in India on H-1B?

If you are stuck in India, Canada, or Mexico due to US visa form 221g delays, you can work remotely for a short term for up to 5 months. There is no legal rule defined for the number of months.

Can I visit Canada with US H-1B visa?

Can I Travel to Canada as an H1B holder? While the H1B visa allows you to work in the United States, it doesn't automatically grant you access to enter Canada. To visit Canada, you typically need a visitor visa or an Electronic Travel Authorization (eTA), depending on your nationality.