H!B visa - Port of Entry is different from where my employer is. Worried!

[suee]

HI!
I have been working for a Californian company for more than a 1 year already from England as a Freelancer Software Engineer. The company is very happy with me and we have decided to go ahead and apply for my h1b Visa (and the h4 visas of my family. Wife and two little children). The applications were successful therefore we are planning to relocate to USA this November !
My employer has other 3 employees located in Texas whom work for them from there also the company has plan to extend their business in Texas. So my company has offered me to chose either moving to California where they are located or either to Texas where the other 3 employees are working for them. I have chosen Texas.
My role is a Leader Developer and I am working on my computer to my company attending daily meetings online and managing my developers online so they do not see any problem for me not being personally in the office. ( My Employer is very happy with only having me closer to their other 3 employees in Texas and also I will be closer to their time zone since here in England my time zone was very different what caused lot's of troubles and difficulties in the workflow. This will be all solved once I move to USA)
My employer also has written a letter ( what we will print out and take with us to the Immigration officer at the Port of Entry , what says and explains my company needs me in Dallas/Texas for business reasons.)

However I have been reading some worrisome stories when people tried to enter to USA with H1b visa and their Port Of Entry was different from the employer's place.
Can you tell me your suggestion on this please?
I hope and believe I will have no problem on the Port Of Entry in Texas but I have to be extra sure. I will be traveling and entering with my Family ( my wife and two little children one of them with Autism) and I do not want to get in a trouble there. Also we give up everything here in England now and spending a fortune on this relocation.)

Thank you very much for the help, waiting for your answers and suggestions.
john

[shervin143]

What is the work location mentioned in your LCA and H1B petition. YOu are supposed to work only at the location authorized by USCIS. If the location in your approved LCA and H1B petition is A (A specific work address in California), then the employer will need to file a H1B amendment to location B (Specific work address in Texas) before you can travel. Check the below link.

https://www.immihelp.com/h1b-petition-amendment/

[suee]

To risk?

Thank you for your answer! Do you think can I risk the entry even despite the fact that my Port of Entry is different from that what is on my documents? I mean I have a letter from my employer explaining why they want me to be in texas and not where they are located in california. Or do you think we have to make the amendment to the h1b application by any mean!?
How strict it is?
( I have already rented a house in texas to have a place where to arrive paid lots of money .)
Desperately waiting for your advice and also others opinion and experience on this please!
Thank you!
John

[shervin143]

It is not worth risking it. If you get deported, then you will never be able to enter U.S in the future. Amendment is necessary to inform USCIS about your change in work location. If you have checked the link that I provided in the previous reply, it clearly states when the amendment is required. DOL first of all need to approved your wage as per the location you will be working. Wage determination and taxes will be different for different states. That is why it is important you file the LCA and amendment whenever there is a change in work location.

Worst case, you will need to file a new LCA, get it approved and then file the H1B amendment and travel with a copy of the H1B amendment receipt notice along with the original H1B approval notice. That way, if the officer at the POE asks, you can say that the amendment is already filed. There is a premium processing that will get you the result of the H1B amendment within 15 days.

Thank you for your answer! Do you think can I risk the entry even despite the fact that my Port of Entry is different from that what is on my documents? I mean I have a letter from my employer explaining why they want me to be in texas and not where they are located in california. Or do you think we have to make the amendment to the h1b application by any mean!?
How strict it is?
( I have already rented a house in texas to have a place where to arrive paid lots of money .)
Desperately waiting for your advice and also others opinion and experience on this please!
Thank you!
John

[suee]

Chance of approval of the H1B petition amendment about different POE?

Dear "Shervine143"

I know we can not predict but do you have any idea how many is the chance that I get the amendment about the different port of entry approved by USCIS?

I am a bit worried since my employer does not have an office in Dallas/Texas yet. They have plans to extend their business in the Dallas area that is also the reason they want me to be there. I just move there, settle and start my work for them alone from Texas in Dallas area (with the three other employees who are not located in Texas also but they are not Dallas area)
(We hope quick growing and we might establish an office soon in Texas. But this is only a future.)

Do you think these reasons would be enough to get the amendment approved for USCIS ?
( Fingers crossed as we are nearly all done with our preparations giving up everything here in England and ready to relocate and start our new life )

Thank you very much waiting for your answer again,
john

It is not worth risking it. If you get deported, then you will never be able to enter U.S in the future. Amendment is necessary to inform USCIS about your change in work location. If you have checked the link that I provided in the previous reply, it clearly states when the amendment is required. DOL first of all need to approved your wage as per the location you will be working. Wage determination and taxes will be different for different states. That is why it is important you file the LCA and amendment whenever there is a change in work location.

Worst case, you will need to file a new LCA, get it approved and then file the H1B amendment and travel with a copy of the H1B amendment receipt notice along with the original H1B approval notice. That way, if the officer at the POE asks, you can say that the amendment is already filed. There is a premium processing that will get you the result of the H1B amendment within 15 days.

[shervin143]

The employer doesn't need to have a office in Texas to apply for amendment. They can still file the amendment with CA as the secondary work location and primary work location as Texas. People who telecommute or people who work at a client location usually do this. If you get proper supporting documents from your employer, then getting the amendment will not be an issue.

Dear "Shervine143"
I know we can not predict but do you have any idea how many is the chance that I get the amendment about the different port of entry approved by USCIS?

I am a bit worried since my employer does not have an office in Dallas/Texas yet. They have plans to extend their business in the Dallas area that is also the reason they want me to be there. I just move there, settle and start my work for them alone from Texas in Dallas area (with the three other employees who are not located in Texas also but they are not Dallas area)
(We hope quick growing and we might establish an office soon in Texas. But this is only a future.)

Do you think these reasons would be enough to get the amendment approved for USCIS ?
( Fingers crossed as we are nearly all done with our preparations giving up everything here in England and ready to relocate and start our new life )

Thank you very much waiting for your answer again,
john

[suee]

Documents for amendment

Thank you very much for your answer again it does sound good!
Can you help me what you mean by saying: "if I get the proper supporting documents from my employer".
Do you have any idea or specific recommendation for this?
I suppose my employer going to write a good supporting letter explaining the situation. Would this be enough at all?
Thank you very very much.
John

[shervin143]

Yes, a letter like that from the employer and a team organization structure (Who you report to and how many people will you be supervising in Texas) will help.

Thank you very much for your answer again it does sound good!
Can you help me what you mean by saying: "if I get the proper supporting documents from my employer".
Do you have any idea or specific recommendation for this?
I suppose my employer going to write a good supporting letter explaining the situation. Would this be enough at all?
Thank you very very much.
John

[suee]

Big thank you to "shervin143"

Thank you very much for your help.
We have already contacted with the company's lawyer and he is working on the premium amendment.
Thank you again, you saved my life
John

[suee]

Officer at the POE

Hi Again!
Just a quick question please again.
Do you have any idea that in case I have the approved amendment for the H1B what approves the different Port Of Entry (POE) and all other documents well and properly prepared, will we have smooth entry to USA in Dallas.
I am just asking it and worrying about as we have red that the Immigration Officer at the POE has the full authority on deciding if we can enter or not to USA.

Can he/she deny my (our) entry to the states despite the amendment for the different work location, just because he/she thinks so and takes a different decision on it ?
We have been thinking traveling and entering together with my family to USA at the first time ( wife, two children one of them special need ) but now I am thinking on go ahead alone ensure my entry so my family would have no trouble at the immigration office and entering after me. Do you think it would be a wise idea to do?
It would cost extra money but if there is a risk of entering despite my proper documents I would rather chose this way. Do you think would it be needed to take this step? what are the chances that the officer at the POE would deny somebody''s entry with all proper documents?
Thank you very much again, sorry for digging so much inside..but I have to be extra sure. Traveling-relocation with two little children (one of them special need) is a big decision and involves so many risks.
Thank you
john

Yes, a letter like that from the employer and a team organization structure (Who you report to and how many people will you be supervising in Texas) will help.

[shervin143]

Just a quick question please again.
Do you have any idea that in case I have the approved amendment for the H1B what approves the different Port Of Entry (POE) and all other documents well and properly prepared, will we have smooth entry to USA in Dallas.
I am just asking it and worrying about as we have red that the Immigration Officer at the POE has the full authority on deciding if we can enter or not to USA.
>>> Of course immigration authorities have the full deciding authority to let someone in or to send them back. But they do that only in rare cases where they believe the person who is entering has violated the visa issued. If all your documents are in order, then you need not worry.

Can he/she deny my (our) entry to the states despite the amendment for the different work location, just because he/she thinks so and takes a different decision on it ?
>>> I don't think so. Keep your documents handy and a well written letter from your employer. You will be okay.

We have been thinking traveling and entering together with my family to USA at the first time ( wife, two children one of them special need ) but now I am thinking on go ahead alone ensure my entry so my family would have no trouble at the immigration office and entering after me. Do you think it would be a wise idea to do?
>>> I honestly I do not think it matters so much. Cases like these have happened very rarely. I don't know if you should worry about it so much. If you feel comfortable entering U.S alone and then bring in your family after settling down, then you should do that. I think either way would be fine.

It would cost extra money but if there is a risk of entering despite my proper documents I would rather chose this way. Do you think would it be needed to take this step? what are the chances that the officer at the POE would deny somebody''s entry with all proper documents?
>>> The probability is very less. But it has happened in the past. If you fear so much, then it is better you enter first and then bring in your family later.

Thank you very much again, sorry for digging so much inside..but I have to be extra sure. Traveling-relocation with two little children (one of them special need) is a big decision and involves so many risks.
>>> Yes, it is a big decision. I understand. You will be okay if you carry all the proper documents.

[suee]

Got answer from the comapny's Lawyer

Hi!
We have asked the company's lawyer to take immediate action regarding our case and now we have just got an e.mail form the company's lawyer and we are very confused now.
Can you please read it through and refer to this as it really impacts on our plan.
Thank you very much.

His answer:
Here is the final USCIS rule on when a new LCA and amended I129 must be submitted:

http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

As you can see the problem is that your proposed 'work site' would be your home. In order to submit an LCA we have to comply with the posting requirements which would mean we would have to post the notice or proposed employment in your home's 'workspace', as crazy as that sounds. Since you are not living there yet we can't physically post a notice and thus the LCA would be invalid. Working remotely is an issue that USCIS has not been able to resolve yet and as you can tell from the date of this decision, it's all very new. You would have to either 1) Live close to the "A" company's office until we file the LCA from your location in Texas, or 2) Upon entry tell customs that you will be working for "A" company which is based in CA and will be submitting an amended I-129 upon your change in employment location.

I know you are really worried about the point of entry and you want to do everything in compliance with USCIS regulations but the situation you are describing sort of makes it impossible since there is no "A" company's office in Texas. I sincerely doubt you will have an issue upon entry if you explain this and we can draft a letter from "A" company stating that you WILL be working for the Californian office but will be stationed in Texas after a short period of time.

I'm more than willing to help with whichever option you choose.

Sincerely...

[shervin143]

What they say makes sense. This is a problem since you do not live in that address and since you do not have a physical office in Texas as of now. There are two options for you.

1) Change your flight and go to CA first. So that your POE will be CA which is where your LCA and H1B are approved. Then you can go to Texas which doesn't require any immigration and then the lawyer can file the amendment.

2) If the first option is not possible, then carry a letter form your employer stating that you will first visit Texas since some of your team members are there and you need to co-ordinate with them and later you will be move back to CA or fi needed a new LCA and H1B amendment will be filed if the company decides if they want you to work in Texas. That will help.

Hi!
We have asked the company's lawyer to take immediate action regarding our case and now we have just got an e.mail form the company's lawyer and we are very confused now.
Can you please read it through and refer to this as it really impacts on our plan.
Thank you very much.

His answer:
Here is the final USCIS rule on when a new LCA and amended I129 must be submitted:

http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

As you can see the problem is that your proposed 'work site' would be your home. In order to submit an LCA we have to comply with the posting requirements which would mean we would have to post the notice or proposed employment in your home's 'workspace', as crazy as that sounds. Since you are not living there yet we can't physically post a notice and thus the LCA would be invalid. Working remotely is an issue that USCIS has not been able to resolve yet and as you can tell from the date of this decision, it's all very new. You would have to either 1) Live close to the "A" company's office until we file the LCA from your location in Texas, or 2) Upon entry tell customs that you will be working for "A" company which is based in CA and will be submitting an amended I-129 upon your change in employment location.

I know you are really worried about the point of entry and you want to do everything in compliance with USCIS regulations but the situation you are describing sort of makes it impossible since there is no "A" company's office in Texas. I sincerely doubt you will have an issue upon entry if you explain this and we can draft a letter from "A" company stating that you WILL be working for the Californian office but will be stationed in Texas after a short period of time.

I'm more than willing to help with whichever option you choose.

Sincerely...

[suee]

Different port of entry

Hi!
Thank you very much again for your reply.
I understand and getting clear now.

I would like to ask about your opinion about another option please:

I go ahead alone and enter to USA in CA at the proper POE what is stated in LCA - H1B.
Than in couple of days later a go back to UK to pick up my family and together we travel back to USA but that time we enter to USA in Texas, together.
Would my family get in trouble at the POE immigration office in Texas? ( would they ask them/us to explain this situation? )
I mean would it mean any trouble that I was entering to USA through CA a week before and than later ( in a week difference let's say) with my family members we enter in Texas ?
Do you think is this option would be also risky ?
( for my son with special need traveling on airplane will be very hard. He has lot's of sensory issues and others... I am trying to find the best option with less risk less travel and less trouble for him. )
Thank you again for your help.
john

[shervin143]

If you leave and re-enter again, you still need to go through immigration and they will verify your petition and LCA again at the POE. The same story will continue. Two options again.

1) Pick CA as your POE and travel with your whole family.
2) Pick CA as the POE and you travel alone. Later go to Texas. File the LCA and H1B amendment. Get it approved and then bring your family directly to Texas.

Hi!
Thank you very much again for your reply.
I understand and getting clear now.

I would like to ask about your opinion about another option please:

I go ahead alone and enter to USA in CA at the proper POE what is stated in LCA - H1B.
Than in couple of days later a go back to UK to pick up my family and together we travel back to USA but that time we enter to USA in Texas, together.
Would my family get in trouble at the POE immigration office in Texas? ( would they ask them/us to explain this situation? )
I mean would it mean any trouble that I was entering to USA through CA a week before and than later ( in a week difference let's say) with my family members we enter in Texas ?
Do you think is this option would be also risky ?
( for my son with special need traveling on airplane will be very hard. He has lot's of sensory issues and others... I am trying to find the best option with less risk less travel and less trouble for him. )
Thank you again for your help.
john