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View Full Version : Impact of working at a client location which is in different City,state from your H1B


funny
07-24-2007, 04:47 PM
PD : Oct 2003
Category: EB3
Country : India

As most of the People in IT industry are consultants and it is fairly common for them to work at different client sites from time to time. Below is my situation.

I have been with company A since Feb 2002 - Till Date

My H1B was filed from Los Angeles, CA

Company A filed my GC in EB3 in Oct 2003.

I moved to NJ in 2006 from Jan 2006 - Feb 2007 (1 yr)

While I was in NJ, I filed for an H1B extension and it got approved as well.

My company has moved me back to California but this time to San Francisco area (Feb 2007- till date)

My company did not file any new LCA or H1B just because of the change in location.

I have been using an address in LA metro area for all my forms (H1B extension, I140 and I485) my recent Pay stubs also show the same address from LA metro area.

My question is

1. Is this going to be an issue at the time of I485? Because you are supposed to work in the same location is your H1B

2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks

funny
07-24-2007, 05:04 PM
PD : Oct 2003
Category: EB3
Country : India

As most of the People in IT industry are consultants and it is fairly common for them to work at different client sites from time to time. Below is my situation.

I have been with company A since Feb 2002 - Till Date

My H1B was filed from Los Angeles, CA

Company A filed my GC in EB3 in Oct 2003.

I moved to NJ in 2006 from Jan 2006 - Feb 2007 (1 yr)

While I was in NJ, I filed for an H1B extension and it got approved as well.

My company has moved me back to California but this time to San Francisco area (Feb 2007- till date)

My company did not file any new LCA or H1B just because of the change in location.

I have been using an address in LA metro area for all my forms (H1B extension, I140 and I485) my recent Pay stubs also show the same address from LA metro area.

My question is

1. Is this going to be an issue at the time of I485? Because you are supposed to work in the same location is your H1B

2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks
Can any one reply to his.

funny
07-24-2007, 05:20 PM
Can some one please reply to this question. Will appreciate any help.

kriskris
07-24-2007, 05:54 PM
Don't Worry...... you are fine. Since the 485 is for future employment, it really doesn't matter where you work now as long as you are with the current employer. I know hundreds of people including me who are in the same boat as you are.

vjkypally
07-24-2007, 05:55 PM
Can anyone answer this????

a_yaja
07-24-2007, 06:03 PM
Can some one please reply to this question. Will appreciate any help.
You really need to talk to a lawyer to see where you stand. While your address has been the same for all H1B and other USCIS communications, your paystubs will clearly show that you have worked in locations other than the place stated in your LCA. There are situations where consultants travel to their home base every week, in which case you are not considered to be working from a place different than your LCA. In such a situation, no taxes will be deducted from your pay for the state in which you consulted. If this has been your case, I think you should be OK.

Best bet is to talk to your lawyer and get his/ her opinion. Legally, if your place of employment is different from the one stated in your LCA, then the company has to file an amendment/ file for a new H1B.

funny
07-24-2007, 06:11 PM
Usually how many pay stubs from past do they ask?

Can they ask for paystubs which are couple years in the past?

Like pay stubs from 2 years ago.

My recent paystubs have the same address as all the other papers. so if they ask for last 6 paystubs or so. they all would have same address as other forms .

GreenMe
07-24-2007, 06:17 PM
You really need to talk to a lawyer to see where you stand. While your address has been the same for all H1B and other USCIS communications, your paystubs will clearly show that you have worked in locations other than the place stated in your LCA. There are situations where consultants travel to their home base every week, in which case you are not considered to be working from a place different than your LCA. In such a situation, no taxes will be deducted from your pay for the state in which you consulted. If this has been your case, I think you should be OK.

Best bet is to talk to your lawyer and get his/ her opinion. Legally, if your place of employment is different from the one stated in your LCA, then the company has to file an amendment/ file for a new H1B.


Hello,

Paystub is generated where ur residence is .... u can always say my residence is in Bay Area ... but I work at client site at so and so place ... who stops u do that ..

avi_ny
07-24-2007, 08:25 PM
What ever address you put has nothing to do with i-485 application. But, you do know that law that as a immigrate when ever you change your address you need to inform uscis with in a week.

a_yaja
07-24-2007, 08:50 PM
Hello,

Paystub is generated where ur residence is .... u can always say my residence is in Bay Area ... but I work at client site at so and so place ... who stops u do that ..
I don't think you are correct. Paystub can be generated anywhere - but taxes are always for your place of work and place of residence. Take a simple case as mine. I live near the OH-KY border. My house is in KY, but my place of work is OH. Guess what taxes are deducted from my paystub? Both OH and KY. However, when I file for KY taxes, I am given credit for the taxes I pay in OH.

funny
07-25-2007, 04:48 PM
PD : Oct 2003
Category: EB3
Country : India

As most of the People in IT industry are consultants and it is fairly common for them to work at different client sites from time to time. Below is my situation.

I have been with company A since Feb 2002 - Till Date

My H1B was filed from Los Angeles, CA

Company A filed my GC in EB3 in Oct 2003.

I moved to NJ in 2006 from Jan 2006 - Feb 2007 (1 yr)

While I was in NJ, I filed for an H1B extension and it got approved as well.

My company has moved me back to California but this time to San Francisco area (Feb 2007- till date)

My company did not file any new LCA or H1B just because of the change in location.

I have been using an address in LA metro area for all my forms (H1B extension, I140 and I485) my recent Pay stubs also show the same address from LA metro area.

My question is

1. Is this going to be an issue at the time of I485? Because you are supposed to work in the same location is your H1B

2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks



Thanks you so much to all who replied to the question.

anyone else has any thoughts on this. Please provide your 2 cents.
I am sure theres got to be many of us in the same situations.

There are a lot of consultants in IT industry. Please tell what do you think about it.

Thanks

485InDreams
07-25-2007, 04:55 PM
Its fine as long as your sticking with your employer....Please make sure u submit the AR-11 Change of Address form in the USCIS Website...


PD : Oct 2003
Category: EB3
Country : India

As most of the People in IT industry are consultants and it is fairly common for them to work at different client sites from time to time. Below is my situation.

I have been with company A since Feb 2002 - Till Date

My H1B was filed from Los Angeles, CA

Company A filed my GC in EB3 in Oct 2003.

I moved to NJ in 2006 from Jan 2006 - Feb 2007 (1 yr)

While I was in NJ, I filed for an H1B extension and it got approved as well.

My company has moved me back to California but this time to San Francisco area (Feb 2007- till date)

My company did not file any new LCA or H1B just because of the change in location.

I have been using an address in LA metro area for all my forms (H1B extension, I140 and I485) my recent Pay stubs also show the same address from LA metro area.

My question is

1. Is this going to be an issue at the time of I485? Because you are supposed to work in the same location is your H1B

2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks

milind70
07-25-2007, 05:04 PM
I don't think you are correct. Paystub can be generated anywhere - but taxes are always for your place of work and place of residence. Take a simple case as mine. I live near the OH-KY border. My house is in KY, but my place of work is OH. Guess what taxes are deducted from my paystub? Both OH and KY. However, when I file for KY taxes, I am given credit for the taxes I pay in OH.

I think I am confused here, my employer is in Maryland,I live in VA.In my LCA the region for work is DC Metro Area. But in my case taxes are deducted for VA rather than MD. I think taxes are based on where you reside. I remember this very well because i was asked initally whats my mailing address . I asked does it make a difference she said yes if u live in MD or VA or DC ur taxes will be deducted accordingly. My HR also told me specifically that u cant be taxed for two states on a single paystub. I have filed taxes this way for last four years and there has been no question about it either from IRS or my CPA.Maybe since all are in DC metro Area my case may be different.

funny
07-27-2007, 06:47 PM
Guys,

Please reply if you or someone you know is facing or has faced the similar situation in past.

Is this a serious issue? What can be done to resolve it.

funny
07-30-2007, 03:28 PM
Guys please provide your thoughts on this situation.

Thanks

PD : Oct 2003
Category: EB3
Country : India

As most of the People in IT industry are consultants and it is fairly common for them to work at different client sites from time to time. Below is my situation.

I have been with company A since Feb 2002 - Till Date

My H1B was filed from Los Angeles, CA

Company A filed my GC in EB3 in Oct 2003.

I moved to NJ in 2006 from Jan 2006 - Feb 2007 (1 yr)

While I was in NJ, I filed for an H1B extension and it got approved as well.

My company has moved me back to California but this time to San Francisco area (Feb 2007- till date)

My company did not file any new LCA or H1B just because of the change in location.

I have been using an address in LA metro area for all my forms (H1B extension, I140 and I485) my recent Pay stubs also show the same address from LA metro area.

My question is

1. Is this going to be an issue at the time of I485? Because you are supposed to work in the same location is your H1B

2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks

funny
07-30-2007, 03:30 PM
Guys,

Please reply if you or someone you know is facing or has faced the similar situation in past.

Is this a serious issue? What can be done to resolve it.

chanduv23
07-30-2007, 03:35 PM
Guys,

Please reply if you or someone you know is facing or has faced the similar situation in past.

Is this a serious issue? What can be done to resolve it.

Don't get worked up. Your lawyer can handle this.

akhilmahajan
07-30-2007, 03:39 PM
I am working as a consultant and my emplyer is in CA. I am in east coast right now. I was looking at my LCA and it syas will be requiring to travel and work all over USA for different clients. I think this takes care of this situation.

My 2 cents.

chanduv23
07-30-2007, 03:43 PM
I am working as a consultant and my emplyer is in CA. I am in east coast right now. I was looking at my LCA and it syas will be requiring to travel and work all over USA for different clients. I think this takes care of this situation.

My 2 cents.

Employer is in Texas and I am currently on a client project in NJ. So no ned to worry about that

BharatPremi
07-30-2007, 03:50 PM
Ans: It seems that your company places consultants anywhere in US so they might have applied for your H1 throughout these years which is valid for "Any clients at anywhere nationwide". Check your all H1 approvals carefully.You will get your answer there. See particularly the forms which you signed while applying H1/extensions.[/COLOR]
2. Do they check the actual address where the person was living at that time as opposed to the address provided in the forms (G325)?

Ans: Not 100 % sure but theoratically it seems "yes". As legally you have to fill AR-11 form (change of Address form)every time you move so for every move USCIS has to have the record and they will try to match it. Tell me one thing, do you get your social security statements every year regularly? If your answer is yes and if you fill G-325 form with your "True" addresses then you do not have to worry about. Once USCIS gets teh change of address from you it also notifies Social Security. And if you are claiming you get all yearly statements from Social Security then it is obvious that USCIS has updated records for all your moves and if you are mentioning the same on G-325 then you are representing the truth and so you will not have to worry about.
3. If this is an issue what is the possible solutions for that?

Help really appreciated.

Thanks

-------

Libra
07-30-2007, 03:53 PM
And now contribute for sept 13 rally in DC

http://immigrationvoice.org/forum/showthread.php?t=11689


Guys,

Please reply if you or someone you know is facing or has faced the similar situation in past.

Is this a serious issue? What can be done to resolve it.

BharatPremi
07-30-2007, 03:58 PM
Employer is in Texas and I am currently on a client project in NJ. So no ned to worry about that

If your h1 approval is based on "Valid to work nationwide" or "To your NJ Address" AND you should have LCA valid for at least NJ Client address or valid for nationwide otherwise it could be a big problem.

funny
07-30-2007, 04:05 PM
If your h1 approval is based on "Valid to work nationwide" or "To your NJ Address" AND you should have LCA valid for your NJ Client address otherwise it could be a big problem.

There must be many many people working like this , specially consultants, I wonder how many companies file for ammend of the LCA. or how the H1B are filed. I mean how many file for "Through out the country" or to a specific location.

funny
07-30-2007, 04:06 PM
Has anyone seen someone getting an RFE on 485 becoz of this?

BharatPremi
07-30-2007, 05:51 PM
There must be many many people working like this , specially consultants, I wonder how many companies file for ammend of the LCA. or how the H1B are filed. I mean how many file for "Through out the country" or to a specific location.

USA is free market but unfortunately H1 processing is not free market. So all related companies have to follow this, It is law.. No excuses allowed.. If not followed case got screwed ... It is that simple.

king37
12-27-2007, 02:30 PM
Hey can u guys let me know if amendment of LCA is required even when you work for same company, same position but change location and work from home in a different state?

If yes how is the salary diff in two places are taken in consideration as you work for same company with same job profile

king37
12-28-2007, 01:57 PM
guys pls give me the feedback and legal implications of my questions.. I need to change location and work from home for same company but in different state

hpandey
12-28-2007, 02:53 PM
guys pls give me the feedback and legal implications of my questions.. I need to change location and work from home for same company but in different state

In my case my company filed for LCA amendment when I moved from one state to another even though I was working for the same company .

king37
12-28-2007, 03:50 PM
I am planning to the same but the salary difference in these two state for prevaling wages is very high.. in such a case what is the best way.. if the actual salary with bnefits is less by app 10-15% than new place prevaling wage in the new amended lca will that be fine with the hib and I hope this amended lca has nothing to do with my 485 application and approved I140.. pl advice