LCA FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

H-1B Employee, telecommuting/working from home

Authored on: Wed, 08/05/2015 - 06:29

Question

I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.<br>
My Questions are<br>
1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India.<br>
2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?<br>
3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.   

https://youtu.be/tSRYmjhoEzA?t=437 

FAQ Transcript:

1. The answer is it can. When you have a telecommuting job in most cases what we do is we actually get an LCA for that location. I think that is the proper method to do things. So make sure you have LCA for your home location. You can always come back on H-4 if the H-1 is denied and your husband does not have to go with you. It is not necessary to go as a family but the option of coming back on H-4 is always there. 

2. We always get LCA for home location. So if your employers have not obtained LCA for you I think they might need to do an H-1B amendment depending upon the facts of your case. So before you go for visa stamping it would be a good idea to discuss it with your lawyers. In my view the safest thing is to have an LCA and that location specifically approved under the H-1 process.

LCA for Singapore H-1B1

Authored on: Tue, 09/23/2014 - 07:04

Question

Do we need to send an LCA for H-1B1 Singapore quota?

Answer

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777

Posting a Notice of Filing of LCA

Authored on: Tue, 05/14/2013 - 03:33

Question

Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?

Answer

Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.