Labor Filing Question - Urgent

N

nilekum

Registered Users (C)
My compnay has its main office in Virginia. I however am a consultant out of Boston. It is a work form home model since I am on client sites most of the time or working remotely from home.)
My lawyer filed my labor from Virginia, He however put out the Ads for RIR in Boston. I am sure he messed this one up. The argument he gave was that my reporting office is Virginia but in that case the ads would have been put in VA right? Is there any such guideline for such cases?
 
Originally posted by nilekum
My compnay has its main office in Virginia. I however am a consultant out of Boston. It is a work form home model since I am on client sites most of the time or working remotely from home.)
My lawyer filed my labor from Virginia, He however put out the Ads for RIR in Boston. I am sure he messed this one up. The argument he gave was that my reporting office is Virginia but in that case the ads would have been put in VA right? Is there any such guideline for such cases?
Click to expand...

You are right. Ad is intended for test of local market, where future job is located and not where future employee is currently working/living.
 
Re: Re: Labor Filing Question - Urgent

Jharkhandi
But my position is based out of Boston even though the compnay does not have an office here.
This falls in some unexplored territory I guess. For me the safest option will be to post ads and VA and file again but that wont be correct either since I am based out of MA.
 
Answer this question:

Where is your future job located - MA or VA? Your answer is the answer to question where you should give ad. See even if you are living in MA, but if your salary is coming from VA - then VA is the location for your future job.

Besides going by that argument ask him - why did your he not file it from MA, if he considers that as place of future job?
 
My job is located in MA. He could not file from MA since we don't have a office address in MA. He gave some bull on this is how the work from home cases work........
My salary comes from VA right but that is true for all those cases where the main office is different from filing location.
Anyways I will try and convince them to refile after putting adds in VA.
 
Originally posted by nilekum
My job is located in MA. He could not file from MA since we don't have a office address in MA. He gave some bull on this is how the work from home cases work........
My salary comes from VA right but that is true for all those cases where the main office is different from filing location.
Anyways I will try and convince them to refile after putting adds in VA.
Click to expand...

You future job (as on your LC) is in VA that is why LS if filed from VA.

I wonder how working from home makes your lawyer think so. Ask him if he would have given ad in Harare for someone who is in Zimbabwe currently and whose company intends to hire him thru CP once he gets his GC? Till getting GC that person intends to take world trip too. :D Or maybe join his company after getting EAD and during LC - wishes to run thru wild life parks in Kenya. I would love to see that lawyer(at least one) finding a newspaper office in a den!
 
Last edited by a moderator:
I got your point :-)
The only gray area is that my position will be based out of MA and they do not have a MA office. Can they put ads in VA saying the position will be out of MA ? To test local market you will have to put an Ad in the place the positions is based out of right?
 
No. Ad has to be local - it is local market test. Put ad in VA.

Working from home and in a client location is between you and your company - nothing to do with USCIS.

You cannot put MA but certainly put a travel required in Ad. This will get even less number of responses.
 
You must log in or register to reply here.
Top