Site visit while on Non-productive work.

[Sachin17]

Hi,

I am in sheer tension. Need suggestions.

I am a full time employee for a big IT service firm and was working at client location(Employer-Client) and My H1b got approved on 13th Nov 2019 and It was Change of status from F1 to h1b. 
But my project was ended on 30th September 2019 and since then I am on bench and staying at my home in same city, but my company is paying me full salary while on bench and now I have got one project but amendment is still need to be filed to join new client. 
Yesterday, FDNS did site visit at old client location to see me and apparently he could not find me as I am not working there anymore. I was at my home.

Now that USCIS has emailed my company to know about contact information and my current status with last date of last project and last 3 months pay slips.
I am seeking information

1:) Since I am on bench from the day my h1b is approved, is it considered OUT OF STATUS and can result in NOIR to revoke my H1b?
What can be the consequences in this situation. Please help

[gopalakrishnach]

if it is " big IT service firm " I am sure they know what they are doing. Your case has issues. Your company paying you on bench and they are doing that legally since on H1B there is no bench. Employer must always pay you and they are doing that. No issues there.

Site visit is a real issue. They may ask your employer many questions. If your H1B was applied on EC model and now things change if your employer do not handle this properly they may issue NOIR...

We cannot do anything Look for new client as soon as possible and apply for amendment.

[User099]

You might have to consult an attorney to see the best option you have to file for an amendment if they issue you a NOIR.

[Sachin17]

Thanks a lot for replying. Please help me below doubts I have. Thanks in Advance

1.) Should I apply for amendment in Regular or Premium?

2.)Also, Is there any way to go back to my F1 visa and use the left over STEM OPT period.

3.) If they revoke my visa, do I have to go through lottery again or I will be Cap exempt for future employers?

 

 

[User099]

1. Its up to you. 

2. No

3. Its good to discuss this with the attorney when filing the amendment.