H1b approved without COS & Employer - Client contract changes

[samual04]

Hi,

I'm currently working under STEM OPT. My h1b is approved without change of status. My employer has filed my h1b under the old contract but after x months, my company has changed the contract with the client. Under the new contract, I will work with the same client and in the same project. My employer is not willing to file amendment because the new contract expires earlier than the old contract. Since my h1b is approved under the old contract, my employer is suggesting me to go to the consulate and get it stamped. I have the client letter from the old contract but it's 10 months old.

What should I do in this situation?

 

[shekar11#]

On 9/28/2019 at 11:44 AM, samual04 said:

Hi,

I'm currently working under STEM OPT. My h1b is approved without change of status. My employer has filed my h1b under the old contract but after x months, my company has changed the contract with the client. Under the new contract, I will work with the same client and in the same project. My employer is not willing to file amendment because the new contract expires earlier than the old contract. Since my h1b is approved under the old contract, my employer is suggesting me to go to the consulate and get it stamped. I have the client letter from the old contract but it's 10 months old.

What should I do in this situation?

 

Something does not sound good from your post. If you take the old client letter you might end up with 221G, Visa officer might ask for the latest one. Just be prepared for that situation.

[samual04]

Thanks, Shekar for your response.

I need more insight into the second approach. FYI, My STEM OPT expires on May 2021 and h1b is approved with consular processing until Dec 2020. My employer is suggesting to me that they will apply for h1b extension with the new contract in Nov 2020 and try to get it to approve before my STEM OPT expires since it is a safer option. Meanwhile, I will maintain my legal status within STEM OPT.

What is your view on this option?

[shekar11#]

14 hours ago, samual04 said:

Thanks, Shekar for your response.

I need more insight into the second approach. FYI, My STEM OPT expires on May 2021 and h1b is approved with consular processing until Dec 2020. My employer is suggesting to me that they will apply for h1b extension with the new contract in Nov 2020 and try to get it to approve before my STEM OPT expires since it is a safer option. Meanwhile, I will maintain my legal status within STEM OPT.

What is your view on this option?

You should be good. But just consult an immigration attorney for a second opinion. They will provide you a more detailed expatiation.