Question details
What happens if an employer fails to include an employee's residential remote work address on an H-1B transfer petition and LCA, resulting in an RFE regarding commuting distance?
ANSWER
FAQ Transcript
The petition cannot be simply amended to fix the prior error because an LCA was not filed for the remote location before filing. The employee must explain that an employer error occurred and physically relocate to work within commuting distance of the approved location under the current petition. Afterward, the employer can file an H-1B amendment allowing the employee to legally return to remote work.