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Worksite changes and other updates during H-1B extension?

owleroz

Full Member
Feb 22, 2018
43
5
Hi all,
I'm currently in the US on an approved H-1B with an I-140 filed and approved. I also have a Canadian PR. My H-1B renewal is coming up and I want to get some help figuring out what needs to be updated, to let me work remotely from Canada. With the H-1B renewal:

1. Does the residential address have to be changed/updated to my Canadian address in the H-1B renewal document?
2. Does the worksite need to include my US employer address and my Canadian home address?

There are several threads which point out that working remotely from Canada is possible. I'm just trying to figure out what my US employer's legal team needs to update in the renewal petition, in order for me to work remotely from Canada. I do not plan to commute daily during COVID. I may travel once a month when the situation is better.

Thanks!
 

harirajmohan

VIP Member
Mar 3, 2015
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Hi all,
I'm currently in the US on an approved H-1B with an I-140 filed and approved. I also have a Canadian PR. My H-1B renewal is coming up and I want to get some help figuring out what needs to be updated, to let me work remotely from Canada. With the H-1B renewal:

1. Does the residential address have to be changed/updated to my Canadian address in the H-1B renewal document?
2. Does the worksite need to include my US employer address and my Canadian home address?

There are several threads which point out that working remotely from Canada is possible. I'm just trying to figure out what my US employer's legal team needs to update in the renewal petition, in order for me to work remotely from Canada. I do not plan to commute daily during COVID. I may travel once a month when the situation is better.

Thanks!
1. Renewal application should include your current address based the date of filing. You dont get to choose.
I specified US address while renewing while in US. I specify Canadian address while renewing while i stay in Canada (and commute to US).
2. US labor market doesnt/cannot include non-US territory. If so then there wont be any offshore work.

There is no possibility to request uscis to work remotely(that too for outside of US).

Not able to commute during covid is just an exceptional scenario but if you can commute once the pandemic resolved then you should give that US location as working location in I129 but for now being in US, you should give your current address as your residence location. You can very well move later and dont need to update residence location with uscis later.

Normally the residence location should be within commutable distance as per H1 rule. Few gets RFE for it but most gets through.

Also its the work of your employer's immigration team on asking you what details you need and you should not be the one telling them what to file. You need to discuss with them on your situation and plan and then they can advice. Dont know how you can get information from threads and tell them the rules which is supposed to be other way around.
 
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