migratedmouse Posted July 12, 2019 Report Share Posted July 12, 2019 Hi, Situation briefed below. My H1b is valid from 10/01/2016 to 09/30/2019. My H1b is valid for my curent employer <X1> and for location <San Diego, CA>. My current employer <X1> filed for my I-140 and it was approved on 11/21/2018. My current Employer <X1> is a consulting company and I worked for its client <C1> based in <San Diego, CA>. My contract position with client <C1> ended on 05/31/2019. I secured another contract position with client <C2> based in <Philadelphia, PA>. I relocated to <Philadelphia, PA> and started working for client <C2> on 06/10/2019. My current employer is still <X1> and suggested that they would file for H1b amendment for client <C2> and location <Philadelphia> within a couple of months. My H1b amendment has not been filed yet as of 07/12/2019. Mean while, client <C2> offered me a full time job. Potential new employer <C2> is now willing to transfer my H1B. But, per their immigration team, I should have filed for H1B amendment before taking on contract position at <C2>, in <Philadelphia, PA>. And since I did not file for H1B amendment, I'm now out of status. If Potential new employer, <C2>, is to file for H1b transfer, I run the risk of getting denial for the extension of stay. This is what immigration team for <C2> said ==> Candidate is out of status due to his location change. We could wait for his current employer to file an H-1B amendment and be approved, or we could try file a change of employer as soon as possible. If we don’t want for the amendment and USCIS questions his location, it is possible (though less than 50% chance) that they would deny the extension of stay and make him get the visa abroad. ------------------------- In between 06/10/2019 and 07/12/2019, I also secured another job offer from company <Y1>. I accepted their offer. <Y1> filed for my LCA and were about to file my H1 visa transfer. But, since I had another offer from <C2>, I told <Y1> on 07/10/2019 that, I would not like to move ahead with <Y1>. ------------------------- My question is, what are the risks that I can run into, if I decide to proceed with employer <C2>? <C2> has not initiated H1B transfer or LCA procedure, as of 07/12/2019. I still have a choice of going back to employer <Y1>, ans ask them to file for H1B transfer. <Y1> has LCA approved. And they are yet to submit my H1b application. Is this option any more safe? I can ask my current employer <X1> to file for my H1b amendement. But, in this case, I will have to lose both the full time positions, either with <C2> or <Y1>. Thanks. Quote Link to comment
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