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