H1b not amended for client change and I got another job offer


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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.

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