Can a company file H1B for me, if I currently am working for it through a contractor?


bhavp

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Hi,

I am OPT STEM extension with an yr. remaining on its expiry. A company hired me and told me that, the department for which I got hired is not E-Verified. Therefore, they got me hired through one of their contractors. The company told me I could be their full time employee by Oct 1, once they file my H1B. Unfortunately, the quota is filled and they could make it through for me.

The company has promised to file H1B for me in April 2014. But I will still be working for them through the contractor, as technically Oct 1 is the start date for H1B.

My question is, while I am an employee of the contractor, can the company file H1B for me? How does LCA filing be worked out in this scenario?

Thank You!!

Your time is appreciated.

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