PDA

View Full Version : H1b Site Visit during vacation


h1problems
07-25-2012, 11:29 AM
I have a unique situation here. I was working for a client X at location X1 through Employer A based at location A. I worked with Employer A for more than 2 years and had a niche billing rate through out. I was mostly paid over and above the lca amount. He was accruing a fraction of money to pay me during maternity/vacation.By this, he managed to hold $35k+ of my money.

I wanted a break to learn some new technologies and further shape my skills so I took a break and informed him about that. He gave me 3 months vacation time for this after my project at client X ended. I live 3 miles away from client X's place and continue to live there. I work from home office and was working on building a new product. I asked him to take a new LCA at my home office address and he had not taken a new LCA.When I realized the lca argument was not working out , a month after my client project ended I got a new client B at location B1, client letter and applied for H1b transfer through Employer B.

Employer B filed for my H1b transfer in regular process and converted it to premium processing recently. A decision is not yet made on the h1b petition. Employer B/Client B were willing to wait for the H1b approval for me to join. So, I continued to stay at Employer A, at my home location working on a custom product.

Now, There was a site visit 2 days ago at Client X's(old client) location whose facility was closed down now and Employer A was contacted by immigration officer. My employer A had not taken a new LCA at my home address. Am I in violation of my status although I have been paid over and above the LCA amount during the past 3 months.? I have all the paychecks.

Should I join the new Employer B even before approval happens?

uma001
07-25-2012, 12:09 PM
1 - You were not at client's place (as specified in LCA) during visit.What was your or employer X's reply for that? When was this H1 approved?
2 - If you have new LCA with work location as your home then what are your job responsibilties, who is your supervisor, you need answer all these questions. I assume your employer X did not get new LCA.

I have a unique situation here. I was working for a client X at location X1 through Employer A based at location A. I worked with Employer A for more than 2 years and had a niche billing rate through out. I was mostly paid over and above the lca amount. He was accruing a fraction of money to pay me during maternity/vacation.By this, he managed to hold $35k+ of my money.

I wanted a break to learn some new technologies and further shape my skills so I took a break and informed him about that. He gave me 3 months vacation time for this after my project at client X ended. I live 3 miles away from client X's place and continue to live there. I work from home office and was working on building a new product. I asked him to take a new LCA at my home office address and he had not taken a new LCA.When I realized the lca argument was not working out , a month after my client project ended I got a new client B at location B1, client letter and applied for H1b transfer through Employer B.

Employer B filed for my H1b transfer in regular process and converted it to premium processing recently. A decision is not yet made on the h1b petition. Employer B/Client B were willing to wait for the H1b approval for me to join. So, I continued to stay at Employer A, at my home location working on a custom product.

Now, There was a site visit 2 days ago at Client X's(old client) location whose facility was closed down now and Employer A was contacted by immigration officer. My employer A had not taken a new LCA at my home address. Am I in violation of my status although I have been paid over and above the LCA amount during the past 3 months.? I have all the paychecks.

Should I join the new Employer B even before approval happens?

h1problems
07-25-2012, 02:52 PM
He dint take new lca at my home address.