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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105695
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I haven selected for USCIS audit. I am working for same

Customer Question

I haven selected for USCIS audit. I am working for same employer but in transit for a new client. I am filing my Lca tomorrow.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What questions do you have? You are wondering if you will have an issue transferring H-1B?

Customer: replied 3 months ago.
I have moved from Accenture to Tech Mahindra on June22nd. My H1 transfer is approved on June 6th 2016. I worked for Cisco systems @ Durham NOrth carolina as specified in the LCA. But due to budget issues the project got ended on July 29th 2016. I searched for a new project inside Tech Mahindra and could get a project in a company in Santa clara CA on 8th Aug. ON 8th August I raised a request internally for LCA transfer and H1 amendment and I will be submitting my docs today. My company (tech mahindra) will be filing my LCA tomorrow. But meanwhile today I received an email from USCIS saying I got selected for site audit. since I am not in project currently, will it effect my H1B. is there any risk of H1 revoking?
Customer: replied 3 months ago.
what would happen if USCIS officer vists my client location and finds out I am not working at that location.
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Since there is no benching allowed, are you still being paid correctly even without a project?

Customer: replied 3 months ago.
since I am in Full time , my company pays me while I am on bench
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. That's good so far. The audit is just for an H-1B that has already been approved and you will have evidence that you met all the requirements under the LCA until the project ended and you were benched but were still being paid?

Customer: replied 3 months ago.
if the USCIS officer don't find me at my client location what would happen ? is there chance of revoking my h1 if he don't find me there?I know I haven't done anything unusual here. But dont want to take chances.
if he calls me directly what should I tell him. Can I tell him the same story?
Customer: replied 3 months ago.
any update?
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Sorry about the delay. I had to log out for a few minutes to attend to something. If the USCIS or ICE officer does not find you at the client location, you make sure that the client informs them that due to budget cuts, the program was terminated and to contact your primary employer. Then your primary employer will show proof that you are still being paid even though you are benched while they are looking for a new end-client/project. That should satisfy them in that regard.

In regards ***** ***** transfer petition, it's ok to file it and process the transfer as normal. The only issue I see is obviously the audit, but if everything is legitimate meaning that you were maintaining valid H-1B status and were meeting all the elements of the LCA from the current employer, then you should be ok and it should not effect the transfer petition. My apologies again for the delay.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello Hari. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!