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H1B in Process and Client Change

Discussion in 'Consulting company issues' started by sacrosanct, Jul 5, 2012.

  1. sacrosanct

    sacrosanct Junior Member

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    Hi Ron,

    Below is the description of my issue:

    1. Currently working on F-1(OPT) with a consulting firm and OPT expires in Dec. 2012.

    2. Filed for H1B (FY2013) and it is still under initial review at USCIS.

    3. Changed the client when the H1B is still under process. QUESTION : My employer says to wait for the H1B to get approved (filed with previous client) and then file my H1B amendment with new client details. Is that a valid proposition?

    4. I have another full-time opportunity offer from another employer and they insisted that they can only file for my H1B transfer but not file a new petition for me. Question : As the H1B already filed by my company starts on October 1st. At what stage should I transfer my H1B to the new company( Before Oct. 1st or anytime after the H1B petition is approved?) keeping in mind my OPT status expires in Dec. 2012

    Appreciate your help on this Ron.

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B in Process and Client Change

    I can't speak to your case specifically because I don't know all of the facts. Generally, in cases like these it is best to wait until the petition has been approved before doing anything else. A person on OPT does not need an amendment as long as he or she continues to work in the field for which OPT was granted. If you want to move, upgrade to premium processing so that the new employer can file for you.
     
  3. Java Counsultant

    Java Counsultant Junior Member

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    Re: H1B in Process and Client Change

    Hi Ron

    I am a Java Consultant working for Employer XYZ (Consultancy firm). Here is the situation

    My employer filed my H1B petition this summer and the H1B petition was approved effective from Oct 1st 2012.
    I was already working with the client mentioned on the LCA and H1B petiton on my OPT status which expired on 07/18/12.
    OPT cap-gap was applied in this case as start date is later than OPT expiry date.
    Now i was laid of by the client A(the one on H1b petition and LCA) before my H1B start date on Sept 14th 2012.

    I got a new project which started on Oct 1st 2012 with new client B.. My employer started doing new LCA process and H1B amendment process for the new client B. Now before we can file for LCA and H1B Amendment i got laid off from the Client B on Oct 11 2012.

    After that i was applying for job opportunities and interviewing to get another new project.Recently i have a job offer in my hand from client C and start date is probably from 19th November 2012.

    Now am i considered out-of-status,for not having the project even if my employer runs my payroll and i am considered on bench.
    What are the chances of getting my H1B amendment and LCA process with this new client C getting successfully approved by USCIS.

    Please provide some feedback on this issue and suggest best solution in this scenario.

    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B in Process and Client Change

    If you are not working then you are out of status.
     
  5. visamate

    visamate Junior Member

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    Re: H1B in Process and Client Change

    Hi Ron,
    My Employer applied for H1B based on his client in CA by May 2012. Got an RFE for client letter on Oct 2012 , unfortunately the project with client got shelved and there is no possibility to get a client letter. But my employer got another client in NJ who is willing to provide client letter. Can my employer change the client details with client letter/file new LCA and address the RFE ?
    Thanks for your reply
    ( Sorry if I am restating some of the posted questions, but I couldn't find a similar case in the threads)
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B in Process and Client Change

    You have a very complex situation and you need professional representation. The employer cannot simply amend the petition at this point because the new LCA for New Jersey was not included with the original petition, nor was it available then.
     
  7. hadoopdeveloper

    hadoopdeveloper Junior Member

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    Hi Ron
    I am working for a consulting firm. I applied for a H1 using Client A letter. But the project was ended after filing for H1. My H1 was picked in the lottery.I already have a second project with Client B in hand. I already started working for Client B.Is it going to be a problem since i moved from Client A to Client B after my H1 was picked in Lottery?. Please let me know.

    Thanks a lot for your help.
     
  8. Monisha

    Monisha New Member

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    Hi Ron,

    I am currently on my OPT Extension and it expires in Dec 2015. My employer filed for my H1B in April 2014 with Client ABC. Client ABC now terminated my contract. My employer is looking to get me started on a new project soon. What should my plan of action be? I am really worried. Thanks for your reply.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Did you talk to your school DSO about a change of employer for OPT? If not, do so.
     
  10. Monisha

    Monisha New Member

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    Hi Ron ,

    My employer is the same. And my school has the most updated employer information.. My main concern is that my h1b petition has been filed already with client abc information on the LCA. Now my client will change .. Is it possible to make amendments to the existing petition if I get an RFE ? Updating the LCA with new client Info and sending the new client letter ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Sorry for my confusion. The employer needs to file a superseding amendment. If they don't ask for more time, they only have to pay the base filing fee of $325.
     
  12. Monisha

    Monisha New Member

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    Th
    Thank you . Any idea when in the process they need to do this ? Currently I don't even know the result of the random selection.. If I am picked in the lottery then do I have to wait to get an rfe before my employer files the superseding amendment or can it be done earlier , as soon as I know that I have been picked in the lottery ?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It has to be filed before October 1st. I'd wait until the first one is approved, or September 15th, whichever comes first.
     

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