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H1B Amendment, LCA and prevailing wages for temoporary relocating to new location

Madison, WI |

Hello,

I am a full time employee of a company in state x. I am working out of the same state x. Now, I have this family requirement where I need to relocate to state y temporarily for 6 months and work remotely out of this state y during this period. So my question is:

1) Do i need a H1 ammendment, LCA or both for the new location.
2) My current wages are less that the prevailing wages in the new state y. Will this be problem?

Please advice.

Thanks!

Attorney Answers 3

Posted

Yes you will need an amendment and your wages will need to be equal to or in excess of the prevailing wage for that state. It is up to the employer whether to allow you to work remotely and establish guidelines so it is clear you are working under their control and direction; otherwise your employment will not be H-1B eligible.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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2 comments

Asker

Posted

Thanks so much for your answer. My current wages are on par with the prevailing wages for my current location but less that prevailing wages for the new location. Given this situation, is there a way the relocation can be accomplished?

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

not if it will exceed 30 days. You must be paid prevailing wage for any location where you are working. There are salary surveys that may help if you and the employer believe the DOL wages are out of line with reality; it should be an approved survey.

Posted

1. Both
2. Yes

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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2 comments

Asker

Posted

Thank you for your answer. My current wages are on par with the prevailing wages for my current location but less that prevailing wages for the new location. Given this situation, is there a way the relocation can be accomplished?

J Charles Ferrari

J Charles Ferrari

Posted

Yes, get paid the prevailing wage for your new location.

Posted

I agree.

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