Many H-1B workers may not be aware that changing worksites without the proper steps can put their immigration status at risk. Today, I had an eye-opening conversation with a U.S. employer who is in the middle of a major hurdle during an H-1B transfer process.
📑 What happened?
The U.S. employer filed to transfer an H-1B worker to their organization. However, their petition received a Notice of Intent to Deny from USCIS. The reason? The H-1B worker's paystubs (submitted as evidence of the worker's maintenance of status), displayed a home address over 1,500 miles away from the worksite listed on the previous H-1B employer’s petition.
📋 The reality:
An H-1B work permit authorizes a specific individual to work for a specific employer at specific worksite(s) as listed on the petition and underlying Labor Condition Application (LCA). Any change in worksite location necessitates certain actions, particularly a move across the country, which requires filing an Amended H-1B petition with USCIS to maintain status.
✅ Advice for H-1B workers (and their Employers):
If you're in H-1B status, it's crucial to be well-informed about your authorized worksites (found on the LCA, of which you must receive a copy). Don’t work anywhere else without consulting your company and/or Immigration Counsel because doing so will jeopardize your status. USCIS will not approve an H-1B transfer to a new employer under these circumstances. You might be able to seek consular approval, but that entails convincing a Consular Officer that you will comply with your H-1B status conditions moving forward. A trip abroad takes time, and the new employer may not be able or willing to wait for you to get back into proper status.
If you have doubts about your company's H-1B compliance or find yourself, as an H-1B worker, working in a location where you shouldn't be, don't hesitate to seek a consultation. Let's make sure everyone stays well-informed and compliant. 🌐
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