Client offering WFH permanently on H1b

I got an offer from a consulting company where End client is a startup company and due to covid they are offering work from home for the next 1- 2 years, I am living in a different state and consulting company and the client has offices in different states.

My consulting company is filing LCA for my home location only.

Can I work from home for the next 1-2 years on H1B?

if I travel to India and go for stamping will it create any issue?

Can I work from home for next 1-2 years on H1B? - As long as your LCA is done based on your work location, there shouldn’t be any issue with WFH.

If I travel to India and go for stamping will it create any issue ? - Because it depends on the visa officer, I can’t say for sure however technically you are good as your LCA will correctly reflect your work location.

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anil_am22 - Sir Can you please reply on this query ?

Can someone work from home remotely permanently if LCA filed for home address only. ?

any issue during Stamping & visa interview ?

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I agree with @Kalpesh_Dalwadi . He has answered your questions in a pretty good way.

For more information:

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Hi, my question is related to this post. The office address location mentioned on my LCA is permanently closed now and my employer has asked me to WFH permanently. Since the address mentioned on my LCA no longer exist for my company do I need to remove it from my LCA and add my home address there? When I asked the same thing to my employer he said - ‘The DOL regulations just require posting the Notice or LCA at a new worksite that’s in the same MSA as the one listed in the H-1B petition. The Notice that you posted at your home address is sufficient, and should be in the Public Access File if there is a government audit/inspection.’ My plan is to live in the same MSA but I am not sure if I need to amend my LCA and H1B. Kindly advise. Thank you!

Short answer is if same MSA then no need to amend.

More details below…

Most recently, on March 20, 2020 the DOL’s Office of Foreign Labor Certification answered FAQs that addressed COVID-19 impacts to OFLC operations and employers. The following question and answer was included:

Q: I am an employer with an approved Labor Condition Application (LCA). Due to the impact of the COVID-19 pandemic, I may need to move workers on an H-1B, H-1B1, and/or E-3 visa to worksite locations unintended at the time I submitted the LCA for processing by OFLC. Do I need to file a new LCA if the worksites are located in the same area of intended employment? If not, what are my notice obligations for moving the workers to the new worksite locations?**

A: If an employer’s H-1B employee is simply moving to a new job location within the same area of intended employment, a new LCA is not generally required. See 20 CFR 655.734. Therefore, provided there are no changes in the terms and conditions of employment that may affect the validity of the existing LCA, employers do not need to file a new LCA. Employers with an approved LCA may move workers to other worksite locations, which were unintended at the time of filing the LCA, without needing to file a new LCA, provided that the worksite locations are within the same area of intended employment covered by the approved LCA. Under 20 CFR 655.734(a)(2), the employer must provide either electronic or hard-copy notice at those worksite locations meeting the content requirements at 20 CFR 655.734(a)(1) and for 10 calendar days total, unless direct notice is provided, such as an email notice. It is important to note that if the move includes a material change in the terms and conditions of employment, the employer may need to file an amended petition with USCIS. Notice is required to be provided on or before the date any worker on an H-1B, H-1B1, or E3 visa employed under the approved LCA begins work at the new worksite locations. Because OFLC acknowledges employers affected by the COVID-19 pandemic may experience various service disruptions, the notice will be considered timely when placed as soon as practical and no later than 30 calendar days after the worker begins work at the new worksite locations. Employers with an approved LCA may also move H-1B workers to unintended worksite locations outside of the area(s) of intended employment on the LCA using the short-term placement provisions. As required for all short-term placements, the employer’s placement must meet the requirements of 20 CFR 655.735. The short-term placement provisions only apply to H-1B workers.

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Thank you so much for your quick and detailed response! I appreciate it! Thanks!