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H-1B short-term placement rules

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  • H-1B short-term placement rules

    Hello,

    I am currently an F-1 visa holder transitioning into H-1B on October 1st. I am located in TX, where my company used to have an office location before the pandemic started. We have all been working from home since. They say they will eventually get another office in TX after the pandemic situation improves. My company has its headquarters in TN.

    I was recently informed that they filed my H-1B only including the TN worksite because they do not have an office location in TX right now.

    They advised me that their lawyer recommended filing a location change amendment by the end of October after I get my first paycheck under the H-1B status. They said I am covered by the short-term placement option in the meantime.

    My only concern is that the short-term placement rules require the employer to pay for lodging, travel, meals, and other expenses. I live in TX and I am working from home, so these expenses will not even exist. Is that ok or they will need to have proof that expenses were covered?

    I am supposing they know about this, but I am not sure. I am afraid they are using the short-term placement option and just hoping that they won't be required to provide proof that the requirements were met.

    I am meeting with the HR person next week to discuss, so just looking for general advice so I am better prepared. Although not ideal, I would be willing to stay in TN in October while they sort this out, but I really have my life established in TX and cannot permanently move to TN.

    Any advice would be appreciated. Thanks!

  • #2
    Hi,
    If Office location will be in TX then file an Amendment at the earliest before you move to new location. If project is absolutely limited days in new location then need not worry. But, If you are going to relocate permanently then Amendment is best option and mandatory.
    I recommend filing the Amendment petition before moves to new location. As you well aware, USCIS, DHS, DOL audits are going and most of the H1B petitions under FDNS site visits.
    Thanks

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