Work from Home on H1B

[HRG]

Hello

Currently I work in NY. My spouse got a job in California. My LCA is filed for NewYork. I have work from options available. Can I stay (working from Home) in California on H1B and continue working for same client which is in NY while on NY payroll?

[raghvi]

Hello

Currently I work in NY. My spouse got a job in California. My LCA is filed for NewYork. I have work from options available. Can I stay (working from Home) in California on H1B and continue working for same client which is in NY while on NY payroll?

As far I understand LCA is typically filed for the work location address, and if you file it with your home address, you could be subjected to RFE. The broader issue being , if at all you can work from home for this job, you can as well work outside US too. Why you need to be in US on an H1?

This is my opinion not legal advice.

[HRG]

As far I understand LCA is typically filed for the work location address, and if you file it with your home address, you could be subjected to RFE. The broader issue being , if at all you can work from home for this job, you can as well work outside US too. Why you need to be in US on an H1?

This is my opinion not legal advice.

Thanks Raghvi, I am not sure if my employer will file new LCA. My client is ok with me working from home, I have done it numerous times.

[raghvi]

Thanks Raghvi, I am not sure if my employer will file new LCA. My client is ok with me working from home, I have done it numerous times.

All I can say is that you are fine only till the day DOL/USCIS doesn't visit at the LCA/I129 location. You may be lucky and never have that visit but as and when they do visit and do not find you there, it could mean trouble.

This is my opinion not legal advice.