By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: We are small business firm with a few H1-B workers.
1. Do we need to file a separate labor petition whenever a H1-B worker moves to an different project location?
2. We are having difficulty finding project for one of our h1b worker. As a small firm, we are unable to run a payroll while the candidate is on bench (so to speak). Should we need to withdraw the petition and send the candidate back home? or is it ok to accept a leave of absence from the candidate? She has a EAD also (as her husband has filled I485 in Nov 2007)
Spar & Bernstein:
Travel on H-1
The rules on travel while on H-1 are fairly complex. Let us state the basic law:
If the employee moves to an area beyond normal commuting distance for the approved location (stated in their approved H-1 and LCA), and you do not have another valid LCA for that location, you MUST amend the H-1.
If the relocation is in the same area, you MUST file a new LCA and post the notice at two places in the new job site. You do NOT need to amend the H-1.
There are a whole set of rules about exceptions for employees who are required to habitually travel (peripatetic employees), short term travel and travel for attending seminars etc.
Leave of Absence on H-1
Regulators do permit leave of absence if an employee genuinely needs it. But you must not use LOA as a pretext to bench employees. In our view, you must withdraw the H-1.
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