Legal Question in Immigration Law in California

Telecommuting full-time on H-1B

Hello

I have a full time H-1B filed from my employer based in NJ. I moved this year to Los Angeles, CA to study part time in UCLA. But I am working full time with the same employer through telecommuting. I still work 40 hours a week.

I am leaving for a month's vacation from Los Angeles International Airport in February. I am concerned that I might have a problem entering back in USA from LA airport since my employer is based in NJ and there is a change in port of entry...

Any advice?

Thanks

Swati


Asked on 12/31/04, 4:17 pm

1 Answer from Attorneys
David Nachman Nachman & Associates, P.C.

Re: Telecommuting full-time on H-1B

The ACWIA regulations contain provisions that deal with temporary transfers in a variety of circumstances. We seem to recall that the regulations referenced a transfer like the one you have mentioned. If the provisions of ACWIA require a new LCA be filed and/or an amendment be made to the H-1B same should be undertaken with celerity. Entry into the U.S. using the multiple-entry visa in your passport should not present a problem (especialy if you have a letter from your employer that explains why you are in California for the company) however it is recommended that (if an H-1B amendment is required) you travel with a copy of the receipt notice.

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Answered on 1/02/05, 8:58 pm


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