Working from home in another city

[ajaktha]

Hi,

I need some advice here. My wife and I live in different states, NY and CA.

My nature of work is such that I can work from home and so I now have the option of working for an employer in NY from CA. My employer has offices only in NY. Does the employer still have to file an H1B amendment for change of location for me to work from CA? or do they need to have an office change for this?

Please advise. (This is not a client location or a consultant related employment).
Thanks

[txh1b]

Where was your original LCA filed for? If that is the same location (or the same metropolitan area) as your employer's work place in the future, no LCA amendment is needed.

If your previous LCA was from NJ and you work in NY now, LCA amendment is safe irrespective of working from home from California as the wages to be paid are based on employment location, not yours.

[ajaktha]

My LCA was filed for NY location. That location is the only employer location and is still the same.

T(hank)xh1b