An H-1B worker is in panic as their attorney gave them a bizarre warning before they file for an H-1B transfer to a new employer.
Taking to social media, a person shared that they got a job in Los Angeles but planned to work remotely from another state. Since their new company had never handled an H-1B transfer before, they contacted a lawyer who warned them that the visa could be rejected because of the remote setup.
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According to the attorney, this “could be an issue due to policies from the current president administration.” The logic is that the immigration officers might argue that if you can work from another US state, why not from your home country?
However, it would be blatant ignorance if anyone makes this stupid argument. Netizens were quick to criticize this logic, pointing out that taxes, labor laws, and job requirements often make remote work from another country impossible.
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Some also said this attitude is not backed by law. If the job is legitimate and the location is properly listed on the LCA, remote work shouldn’t be a problem.
Whether this is a brilliant assessment of the things to come or silly advice from the attorney, the H-1B will soon find out. However, it would be better to contact someone better and get a second opinion.
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