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Employer changing location to shared workspace for couple of months before finding a permanent location. Impact on h1B and I140

Fairfield, NJ |

Hi,

My employer plans to move out next month from our current workplace Fairfield NJ to a shared workspace location in Jersey City for couple of months. After that we plan to move to a permanent location in either Jersey City or New York.

What needs to be done for my current H1B visa and I140

Thanking you in anticipation

Attorney Answers 2

Posted

You will need to amend the petition due to the new location and change the wages, as required.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

The employer needs an immigration lawyer.

That lawyer will probably advise
- getting a new LCA, perhaps doing it twice
- amending the I-129H, perhaps doing it twice
- reviewing the PERM & I-140 to see if they will remain valid & perhaps re-doing them.

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.

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5 comments

Asker

Posted

Is it required to change I-129H as well?

Asker

Posted

Also would shared workspace be an issue?

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, in most cases the I-129H has to be amended. I'm not quite sure I understand the significance you are putting on the phrase 'shared workspace'. Do two people share one desk? What did the company's lawyer say? Please, please confirm that they have an immigration lawyer.

Asker

Posted

Thanks. Company Lawyer from Murthy Immigration Firm says that since the move is within 25 mile radius, LCA amendment is fine and I129H need not be amended, he said that LCA would need to be posted at the new location. I am more worried about USCIS field inspectors who may visit the old place and don't find the company so I am inclined more towards I-129H amendment. Regarding Shared workspace(http://www.regus.com/), we are moving to a place which you rent based on your needs a month, 2 month duration, they provide all the furniture, phone system etc. There is no lease as such. Thanks

F. J. Capriotti III

F. J. Capriotti III

Posted

If your company has the Murthy Firm as their lawyers, you are in good hands and there is no need to double-check their legal guidance on an Internet Blog.

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