H1B OOC Non Billable Role

[Nitin G]

Hi,

I have an approved I-140 petition. I have completed close to 6 years on my H-1B visa. With approved I-140, my employer can file for H-1B OOC (Out of Cap )extension.

I am currently in India. I am planning to move to new employer. New employer has agreed to file H-1B OOC (Out Of Cap) extension. New employer is planning to send me to their USA office on non-billable role. 

My question is : Can employer use my H1B to send me from their India office to USA office on non-billable role.  I thought H1B is for billable client roles. Please help 

[JoeF]

Billable or not is per se irrelevant for an H1. For an H1 it matters that YOU get paid at least the prevailing wage. Where the employer gets the money from to pay you is not really your problem.

If the employer is a consulting company USCIS wants to see client letter, etc., of course. For product-based companies they usually want to see product marketing material, etc.

It is rather hard to convince USCIS that a consulting company has in-house development. Product development requires a lot of money up-front, which the low margins in the consulting business doesn't provide.

Edited April 29, 2021 by JoeF

[LeaveMessageH1B]

Billable or not is internal to company, you need to get paid per LCA amount.