Big Honest Mistake


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I got my H1 approved for Company A on Sep 2008 on In-House Projects. They did apply other 3 H1 (Total 4) but other 3 didn't got selected on lottery process. My employer is based on NJ.

This is first time Company A is applying for H1 and it is for their own internal projects. I started working for this company A in Oct 2008. In Nov 2008 Company A sign MOU with Company B and send me to CA to work for Company B. Under MOU between Company A & Company B, both are going to develop projects that benefited Company A for what they actually planning to build. Company A decided to transfer projects to Company B as they don’t have enough man power to execute projects in timely fashion. So I am currently working at Company B location but employee of Company A.

I got moved to CA in Nov 2008 and since then I am working in Company B and directly reported to Company A. My salary is also coming from Company A. In this transfer process Company A don't know all H1 program rules & regulation and when I moved to CA they didn't apply for LCA and H1B Amendment. This was honest mistake as they don't know these rules and didn't coordinate with Attorney for this change.

Now Company A applied for my H1 extension in Sep 2011 (After 3 years) for another 3 years. This time when they contacted Attorney, law firm point this problem. They file for LCA for my California working in Sep 2011 and it got approved for 3 more years and then they file for H1B for 3 more years and currently my H1 is in pending stage.

Attorney told my company, we will get RFE due to above mistakes and this extension we may face problem.

I know this a huge mistake but it was honest mistake done by company as they don't have any experience of H1 program and didn't study well.

Currently my H1 / I-94 is expired but we applied for extension before due date.

What are my options if USCIS ask same question?

Once I explain this problem to Company B, they said they are ready to do transfer to Company B and offer me employment.

What are my options?

Thank you!

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