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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12187
Experience:  Write FOR JAMES to get my help!
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I have 1 H-1B Worker who said she went to India and after

Customer Question

I have 1 H-1B Worker who said she went to India and after few weeks she claimed that she is back in USA, assuming that she is in USA, we continued paying her salary as per the schedule, she did not report to client address as per LCA or produced any time
sheets for us, neither she physically was present at our physical office. She did not sent us any proof of her being in USA. My question is why do I have to pay her, if she does not report to work at our physical office, as instructed or at client location
where we had her LCA pulled for. Can I reverse the payments to her for last 3 months? I strongly suspect that the person is still in India and collecting the salary doing nothing.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. MY ANSWER: You don't have to pay her if she is not fulfilling her obligations under the employment contract or not appearing for work. And if she is not reporting to work when she claims to be in the US, then she is violating her H1B status. I wouldn't pay her unless she is coming to work. I know these issues can be confusing.If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions.Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future,write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Customer: replied 2 years ago.
How much would be the fee for the call ? Please check the other question I have on immigration as well.
Expert:  Expert James replied 2 years ago.
I don't know which other question you are talking about. I will send you an offer to talk by phone. But if you choose not to accept it, I ask that you come back here to reward me for doing my job well.