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Confused about where to file H1B petition.

Colonia, NJ |

Our office is in NJ, but the employee will only be working at client-site in Arizona. Which Service Center should we file his H1B papers, Vermont or California? We went to the USCIS website but we are not sure because it says file where the employee will be working if the employee will be working at MORE than 1 location. In our case he will only be working in 1 location and will not be working at our headquarters. Thank you!

Attorney Answers 3


  1. Best answer

    Rules and regulations aside, from a practical point of view, given the CSC's abysmal record of case denials, anti small business mentality and its firmly entrenched "culture of NO", I would do anything in my power not to file the case in CA, but in Vermont instead.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. "Client site"????? I hear warning bells already. This appears to be a job-shop vendor-client type of relationship.

    They are highly suspect in the eyes of Immigration.

    Don't file any papers without hiring a very experienced immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Actually, I agree completely with attorney Behar. I am sorry that this kind of politics finds its way into case adjudication, but calling things by their name is morally admirable and professionally correct thing to do. Unfortunately, there is no guarantee that if you do file in Vermont the case will not be eventually transfered to CSC.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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