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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 05-12-2013, 08:07 PM
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Priority Date
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Mar-05
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I140 Mailed Date
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10/01/2006
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Default Client Change - LCA only or with H-1B Amendment or Use EAD instead

Hi-

I am moving from Ohio to Washington on a new client assignment with the same employer.

Is filing an LCA enough or do I need to file an H-1B amendment, as changing job location outside of Metropolitan Statistical Area (MSA) is considered a material change.

If this has already been answered, can you please point me to the discussion?

I have an approved EAD with an EB-2 priority date of Mar 2005. I have only used H-1B for my employment till now.

To avoid complications, I am debating if I should use EAD for my move to the new location. I am afraid that just filing an LCA, in the event when amendment is also required, will be looked at USCIS as unauthorized employment and might lead to an RFE on my I-485.

Any input from someone who went through a similar situation is greatly appreciated.


Thanks
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  #2 (permalink)  
Old 05-12-2013, 11:35 PM
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You need an H1 Amendment as well. Alternately, you can switch to EAD
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  #3 (permalink)  
Old 05-15-2013, 08:01 AM
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Priority Date
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Mar-05
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I140 Mailed Date
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Default Work remotely for client with H-1B

Thanks krishmunn for the clarification.

I have a quick follow up question.

I wanted to move to Washington from Ohio because my spouse has a job opportunity there.

Now the client in Ohio is offering me the option to work remotely for 40 hours a week from Seattle.

So everything related to the current H-1B will still be valid, but instead of working at the client location, I will be working remotely from Seattle. I will use AR-11 to move all AOS related pending applications to the new address.

Is this allowed under the rules of H-1B?

Any input is greatly appreciated.

Thanks
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  #4 (permalink)  
Old 05-15-2013, 10:28 AM
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Quote:
Originally Posted by Gator View Post
Thanks krishmunn for the clarification.

I have a quick follow up question.

I wanted to move to Washington from Ohio because my spouse has a job opportunity there.

Now the client in Ohio is offering me the option to work remotely for 40 hours a week from Seattle.

So everything related to the current H-1B will still be valid, but instead of working at the client location, I will be working remotely from Seattle. I will use AR-11 to move all AOS related pending applications to the new address.

Is this allowed under the rules of H-1B?

Any input is greatly appreciated.

Thanks

I am assuming your home is in same MSA as where you work now . If that is true, technically all you need is post your current LCA in your home for 10 days before you start working. To be on safer side, you might get a new LCA with your home address but per law you need neither a new LCA nor a new H1 if you are in same MSA and same Employer even if the client changes
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  #5 (permalink)  
Old 05-15-2013, 11:14 AM
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justice4all is a splendid one to behold justice4all is a splendid one to behold justice4all is a splendid one to behold justice4all is a splendid one to behold justice4all is a splendid one to behold justice4all is a splendid one to behold justice4all is a splendid one to behold
Default Msa

Quote:
Originally Posted by krishmunn View Post
I am assuming your home is in same MSA as where you work now . If that is true, technically all you need is post your current LCA in your home for 10 days before you start working. To be on safer side, you might get a new LCA with your home address but per law you need neither a new LCA nor a new H1 if you are in same MSA and same Employer even if the client changes
What MSA acronym means..

Thanks



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  #6 (permalink)  
Old 05-15-2013, 03:17 PM
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Originally Posted by justice4all View Post
What MSA acronym means..

Thanks



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Metropolitan Statistical Area -- look up in Wikipedia
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