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Change Of remote work address on stem opt ead, while awaiting h1b lottery results

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  • Change Of remote work address on stem opt ead, while awaiting h1b lottery results

    I'm on F-1 STEM OPT and working remotely from Dallas, Texas, for a Company C which located in state Y.

    Company filed H1-B with my current remote office location Dallas and location Y (HQ) as two possible work locations on LCA.

    Now my lease in Dallas Texas is getting over and I want to relocate to state Z because of personal reasons.

    Will this change of address have any impact on the pending H1-B petition ? If I relocate, I have to update address within 10 days.

    Will an LCA amendment have to be filed or can I wait until the h1b lottery results are out? i.e if I get picked in the lottery, can I then request a change of remote location? Because I don't want to relocate to that state Y.

    I was not able to find much information regarding this.

    Please help.
    Company is a start up and don't have much idea about immigration.

    (I'm of the opinion that the STEM-OPT and H1-B are two different things, so I should be able to do whatever I want (within the purview of the law) until October 1st, 2018 as i'm on stem opt until COS happens.
    The H1-B work locations would be valid only starting OCtober 2018 (if h1b is picked) this is my opinion.)

    kindly point me to any official resources.

  • #2
    Originally posted by fonestudent View Post
    I'm on F-1 STEM OPT and working remotely from Dallas, Texas, for a Company C which located in state Y.

    Company filed H1-B with my current remote office location Dallas and location Y (HQ) as two possible work locations on LCA.

    Now my lease in Dallas Texas is getting over and I want to relocate to state Z because of personal reasons.

    Will this change of address have any impact on the pending H1-B petition ? If I relocate, I have to update address within 10 days.

    Will an LCA amendment have to be filed or can I wait until the h1b lottery results are out? i.e if I get picked in the lottery, can I then request a change of remote location? Because I don't want to relocate to that state Y.

    I was not able to find much information regarding this.

    Please help.
    Company is a start up and don't have much idea about immigration.

    (I'm of the opinion that the STEM-OPT and H1-B are two different things, so I should be able to do whatever I want (within the purview of the law) until October 1st, 2018 as i'm on stem opt until COS happens.
    The H1-B work locations would be valid only starting OCtober 2018 (if h1b is picked) this is my opinion.)

    kindly point me to any official resources.

    If you will be working somewhere other than Dallas or the headquarters, as listed on the underlying LCA, your employer will need to file an amended H-1B petition after the cap-subject H-1B petition has been approved. A change of your residential address will not affect the pending cap-subject H-1B petition, as the beneficiary's current residential address is not an important factor in the outcome of an H-1B petition. Make sure to tell your DSO that you are moving, because you need to stay compliant with your STEM OPT reporting requirements.

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