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Immigration Issues/Change of work site in H1-B and Green card implications



My name is Daniel and I am currently an assistant professor with an H1-B visa. IN a couple of years if I hope I will be able to apply for a green card.
On behalf of my wife, I have a question about the change of working site (telecomuting) and H1-B status.
My wife is hired by an university in MA but for the past year (06/2007-05/2008) was telecomuting, (hired to work from home), from New Jersey were we lived during the last year. Right now (starting 06/2008) we are living in Utah and she telecomutes from Utah. She and her direct boss, both announced the HR dept. at her home institution about the telecomuting in due time, but apparently we recently find out that no H1-B amended form was filed on her behalf to notify USCIS about the last year work site change
The HR people at her job are saying that they will fix the H1 status problem temporarily, by just filling an amended H1 form to notify USCIS about the current change in work location but they mentioned that she will have serious problems getting a green card even if it will be through me, i.e., as my wife.
Should we be concerned about her not getting a green card because of this? If yes what can be done now to remedy the things?
Thank you very much,

The problem is not as dire as the HR people have told your wife.  I would suggest that your rely on a different set of attorneys to process your green card.  As you are an assistant professor, you are probably qualified to apply for a green card now by virtue of a national interest waiver.  

I would be happy to evaluate your case to see if you are qualified not.  You may email me your resume with a list of confernce and journal publications and I will return a thorough evaluation.  You may email me directly at

Good luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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