H1B - Need Help


ashishmittal786

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I am currently working on L1 visa from company A. I found a consultant who is filling a new H1B for me which will make me eligible to work on H1B starting from Oct 1st 2012.

Queries:

1. Consultant is filling H1B without any client letter. He is going to show a possible future client opportunity as the business case for filling H1B . What are the chances of getting it approved?

2. If my H1B gets approved. Will my status autoamtically change from L1 to H1 on Oct 1st ? I wanted to continue working on L1 even if my H1B gets approved till the time I get good opportunity. Please let me know how I can avoid automatic change of status to H1B and still keep working on L1?

3. If I continue working on L1 after Oct 1st even if my H1B is approved, then do I have to provide reasoning to USCIS why I am not starting work on H1B?

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1. Consultant is filling H1B without any client letter. He is going to show a possible future client opportunity as the business case for filling H1B . What are the chances of getting it approved?

Very low.

Find a better employer.

2. If my H1B gets approved. Will my status autoamtically change from L1 to H1 on Oct 1st ? I wanted to continue working on L1 even if my H1B gets approved till the time I get good opportunity. Please let me know how I can avoid automatic change of status to H1B and still keep working on L1?

If the H1 is filed for Change of status (COS), and gets approved, you would be on H1 from Oct. 1, and you absolutely would have to work for the H1 employer (and get paid by the H1 employer, of course.)

3. If I continue working on L1 after Oct 1st even if my H1B is approved, then do I have to provide reasoning to USCIS why I am not starting work on H1B?

If the H1 is approved with COS, you would be illegal if you continued to work for the L1 employer.

But it is very unlikely that the H1 would get approved. Find a better employer, best a fulltime job, not a consulting job.

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Find a better employer, best a fulltime job, not a consulting job.

=> Yup, that's true at least looking at USCIS's scrutiny these days. Even if H1b is approved, there are problems during stamping and if you are staying in USA, they are calling you to verify everything again. Stay away from consulting job.

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