Summary:
H1B visa holders can now work remotely across state lines legally.
A real-life case highlights the importance of employer support in remote work arrangements.
The Labor Condition Application (LCA) must be posted by the employer, while the employee can use their home address for H1B filing.
Effective communication between the employee and employer is crucial for the petition process.
This development offers hope and flexibility for H1B visa holders seeking remote work.
If you're an H1B visa holder looking to work remotely from a different state than your employer's office, there's a recent update you definitely need to know about.
A Real-Life Experience
An H1B visa holder recently faced a dilemma when offered a job by a West Coast employer but had personal reasons preventing relocation. Instead of declining, they proposed to work remotely from the East Coast. Fortunately, the employer agreed and submitted the H1B petition with this remote work arrangement in mind.
Key Factors for Success
Experts note that the success of this arrangement relies heavily on the support from the employer’s Human Resources department and the immigration attorney managing the adjustments.
Filing Requirements
The employer must post the Labor Condition Application (LCA) at their office, while the employee's home address can be used for the H1B filing, even if it's in a different state. The process for this employee went smoothly, leading to the approval of their H1B visa without complications.
Importance of Communication
Effective communication and cooperation from the employee's manager were vital for ensuring the petition was filed correctly. This highlights the importance of support from both the employer and legal advisors.
This news serves as a positive development for H1B visa holders considering remote work options. It shows that with the right documentation and employer support, working from another state is not just possible, but also compliant with immigration laws.
For H1B visa holders interested in remote work across state lines, it's advisable to discuss the arrangement with your employer and ensure all necessary paperwork is accurately completed to avoid any issues.
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