question on H1 transfer while on bench

I have joined a company A three months ago but still the project with client is not yet assigned. My employer is tagged to some internal project. But employer is paying the salary for every month. If i want to transfer my H1 to another company what project details do i need to mention in my resume while H1B transfer?. If i keep the project as inhouse development project will USCIS compare with the client details mentioned in previous petetion ? now i am staying in different place than the work location which is mentioned in my current LCA. please clarify. Appreciate your help.

Provide whatever information is correct. If it is an inhouse project then provide that details. It’s unlikely that USCIS will compare the resume with previous petition, they are mostly interested in the approval notice and the fact that you are maintinaing a proper status, which can be proved by your paystubs.

Thanks for your reply. I have one more question. Currently i stay in one state and my LCA is filed in another state. Due to some reasons i works from home. Due this reason my pay stub has my current home address. Will that be a problem while transferring H1.

I think the LCA needs to be amended in your case. The LCA should have your actual work location mentioned in it. Would suggest you to get in touch with the attorney of your new potential employer and get these questions clarified.

actually i work from home.Is it applicable to change the LCA even if i work from home.

When you work from home, your location becomes your home address. The LCA mentions the location from where you will be working (home, employer address, client address etc) and drives your base salary etc.

So your LCA should include your home address if you primarily work from home.

so in this case will it be any issues if i transfer my H1B. In case of RFE can i tell that i commute for work for few days and work from home for the rest of the period.

I don’t think it will cause an issue during H-1 transfer. It can cause an issue during H-1 extension and visa stamping through current employer.

Do not lie in the response to RFE. If you work from home some days and commute to office, then your LCA should include both home address and client address.

suppose before my petition expires if i am assigned to a project and starts working from the actual place where LCA is posted for my current employer , then after that if i apply for H1 extension will it effect my H1 extension ? or am i safe during that time?

That may work, but check w/ your employer/attorney as well.

ok thanks for your reply.