BKKJames

Hi guys,

When applying for an H1B visa does it stipulate you have to work in a particular location for the 3 year duration?

I'm here on a j1 at the moment and if I apply for an H1B I might move from the LA office to the san Francisco office. This would occur around 1 year into an H1B.

Anyone know if that were to be a possibility ?

thank you,

James

ian-mstm

If the sponsoring company has several locations, I believe you are allowed to work in any of them. You're tied to the sponsor, not the location.

Ian

Noorah101

I agree.

Rene

jxv73

You have to give them the full work itinerary in the original H1B application and obtain an LCA with the prevailing wage for both locations. USCIS used to be more flexible with this but for the past couple of years they have been known to refuse renewals if an employee is transferred without amending the H1B.

The problem with a location transfer, as USCIS sees it, is the new location will have a different prevailing wage.

BKKJames

Thank you for your input guys.

Jxv, This would still be in the same state- I know the employees in this position get paid the same in both LA and San Francisco, even though the SF living costs are much higher!

jxv73

USCIS has taken the postion that if the new job is more than 50 miles away a new LCA and H1B is needed. So it is best to submit those at the start and save your employer the costs of amending the H1B.

DavidLemon

From what i have seen, the prevailing wage is not specific to just States, but also cities within. For example in Boston where I am, the prevailing wage for my tier is about 10k more than in Medford of the same state.

DavidLemon

Im not sure if i agree with this.

My understanding is an H1B visa holder must work at the location listed on their LCA, which is part of the initial H1B application process.
If the employer wants you to work at a location other than the one listed with the LCA, the employer must notify the USCIS as well as file a new Labor Condition Application with the Department of Labor.

So in reality, your geographical location is tied to your H1-B application and not just your company. Part of the H1 is that you are paying the prevailing wage to the employee, and this is based on the geographical location of the position which is defined in the application.

If said location changes, then will the employee still be being paid the prevailing wage?

If I have misunderstood this, happy to be corrected.