04-18-2004, 04:28 AM

Hi All,

I am currently on F1 OPT working as a postdoc at a university. I am
planning to apply for an H1 soon. The issue and my question is as
follows.

I will be getting married later this year and want to move to a
different city where my spouse is working. The professor who I am
working with is OK with me working remotely and coming to meet him
once a month.

Would this violate any terms of the H1? How should the H1 be filed so
that this is possible, that is after a few months I can move to
another city and work remotely and visit my professor as required.

Thanks a lot for any advice.

04-19-2004, 04:46 AM

On Sat, 17 Apr 2004 20:28:34 -0700, Google Plex wrote:

    > Hi All,
    >
    > I am currently on F1 OPT working as a postdoc at a university. I am
    > planning to apply for an H1 soon. The issue and my question is as
    > follows.
    >
    > I will be getting married later this year and want to move to a
    > different city where my spouse is working. The professor who I am
    > working with is OK with me working remotely and coming to meet him
    > once a month.
    >
    > Would this violate any terms of the H1? How should the H1 be filed so
    > that this is possible, that is after a few months I can move to
    > another city and work remotely and visit my professor as required.

The main problem with this approach is that Department of Labor can take
the position that if you work from another city, you might as well work
from another country and won't need an H-1B at all.

Is your fiancee a US citizen? In that case, consider getting a Green Card
through marriage.

__________________
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

04-20-2004, 05:32 AM

Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > On Sat, 17 Apr 2004 20:28:34 -0700, Google Plex wrote:
    >
    > > Hi All,
    > >
    > > I am currently on F1 OPT working as a postdoc at a university. I am
    > > planning to apply for an H1 soon. The issue and my question is as
    > > follows.
    > >
    > > I will be getting married later this year and want to move to a
    > > different city where my spouse is working. The professor who I am
    > > working with is OK with me working remotely and coming to meet him
    > > once a month.
    > >
    > > Would this violate any terms of the H1? How should the H1 be filed so
    > > that this is possible, that is after a few months I can move to
    > > another city and work remotely and visit my professor as required.
    >
    > The main problem with this approach is that Department of Labor can take
    > the position that if you work from another city, you might as well work
    > from another country and won't need an H-1B at all.
    >
    > Is your fiancee a US citizen? In that case, consider getting a Green Card
    > through marriage.

Thanks a lot for your reply, Ingo. No, my fiancee is not a US citizen.
However, cann't I do the following -

Apply for the H1 visa now. When I move to the other city (later this
year), I would have my employer (the university) file an amended H1
with my new address and the location of work as the new place.
Are there any issues here? Is CIS likely to deny this?

thanks much for your help.

04-21-2004, 07:02 AM

On Mon, 19 Apr 2004 21:32:47 -0700, Google Plex wrote:

    > Ingo Pakleppa - see web site for email <> wrote in message
    > news:<>...
    >> On Sat, 17 Apr 2004 20:28:34 -0700, Google Plex wrote:
    >>
    >> > Hi All,
    >> >
    >> > I am currently on F1 OPT working as a postdoc at a university. I am
    >> > planning to apply for an H1 soon. The issue and my question is as
    >> > follows.
    >> >
    >> > I will be getting married later this year and want to move to a
    >> > different city where my spouse is working. The professor who I am
    >> > working with is OK with me working remotely and coming to meet him
    >> > once a month.
    >> >
    >> > Would this violate any terms of the H1? How should the H1 be filed so
    >> > that this is possible, that is after a few months I can move to
    >> > another city and work remotely and visit my professor as required.
    >>
    >> The main problem with this approach is that Department of Labor can
    >> take the position that if you work from another city, you might as well
    >> work from another country and won't need an H-1B at all.
    >>
    >> Is your fiancee a US citizen? In that case, consider getting a Green
    >> Card through marriage.
    >
    > Thanks a lot for your reply, Ingo. No, my fiancee is not a US citizen.
    > However, cann't I do the following -
    >
    > Apply for the H1 visa now. When I move to the other city (later this
    > year), I would have my employer (the university) file an amended H1 with
    > my new address and the location of work as the new place. Are there any
    > issues here? Is CIS likely to deny this?

That would work. Keep in mind that CIS may ask for the business reason why
you suddenly need to work from that different location (or they may not).
I would strongly recommend consulting with a competent immigration
attorney before doing this.

__________________
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

04-21-2004, 10:26 PM

"Google Plex" <> wrote in message
news:...

    > I am currently on F1 OPT working as a postdoc at a university. I am
    > planning to apply for an H1 soon. The issue and my question is as
    > follows.
    > I will be getting married later this year and want to move to a
    > different city where my spouse is working. The professor who I am
    > working with is OK with me working remotely and coming to meet him
    > once a month.
    > Would this violate any terms of the H1? How should the H1 be filed so
    > that this is possible, that is after a few months I can move to
    > another city and work remotely and visit my professor as required.

Your prospective employer can file an H-1B petition for you which specifies
two places of work. Prevailing wage determination, posting, and labor
condition applications must be done for both places. This will allow you to
work in either place for the duration of the H-1B status.

You will need to provide an address in the "different city" for your
employer or the attorney to work with. However, you will not have to work
in that exact place, just in a location in the same city.

usemphese · 08-28-2009, 08:15 PM

Here you have a very merry

usemphese · 09-14-2009, 12:33 PM

Here you have a very merry

rodsPrionee · 01-30-2010, 10:13 AM

I'm newbie here, I hope to get friends at this forum