Dilemma: Join the Client as full-time Employee or Not

[slumdog]

Someone was on H1 and had to convert to H4 due to H1 running out of 6 years and GC not filed. Gets a company to file GC but by the time labor is filed she had to convert to H4 to keep few days on H1. Now labor is approved, I-140 is done premium and is approved as well. So, now to convert back to H1 she needs a client letter so that a 3 year extension can be obtained based on approved I-140. No client is ready to give a letter before joining as they feel consultants take client letters, get the H1 approved for 3 years and dont come back; but join some other client. So she joined a client while on H4, got the client letter on very first day, sent that with the premium H1 extension application and got the H1 extended for 3 years within a week. So technically she worked at that client for a week on H4 without their notice as they thought she was always on H1 (i know one can work on receipt of notice in case of H1 to H1 company transfer but it doesnt seem to be applicable in case of H4 to H1 conversion).

 

Now, the client has asked her to join as full-time employee but she has been avoiding because she fears if she submits her H1 documents for H1 transfer then they will know that she joined a week before H1 was aapproved. Any suggestion on whether she should join the client? its a very big client, good job, great salary and everything. Will the client know about this situation? will they ask? Technically she was never out of status in this country. Either on H1 or on H4 but never out of status. Please give your valuable suggestions.

[jairichi]

Someone was on H1 and had to convert to H4 due to H1 running out of 6 years and GC not filed. Gets a company to file GC but by the time labor is filed she had to convert to H4 to keep few days on H1. Now labor is approved, I-140 is done premium and is approved as well. So, now to convert back to H1 she needs a client letter so that a 3 year extension can be obtained based on approved I-140. No client is ready to give a letter before joining as they feel consultants take client letters, get the H1 approved for 3 years and dont come back; but join some other client. So she joined a client while on H4, got the client letter on very first day, sent that with the premium H1 extension application and got the H1 extended for 3 years within a week. So technically she worked at that client for a week on H4 without their notice as they thought she was always on H1 (i know one can work on receipt of notice in case of H1 to H1 company transfer but it doesnt seem to be applicable in case of H4 to H1 conversion).

 

Now, the client has asked her to join as full-time employee but she has been avoiding because she fears if she submits her H1 documents for H1 transfer then they will know that she joined a week before H1 was aapproved. Any suggestion on whether she should join the client? its a very big client, good job, great salary and everything. Will the client know about this situation? will they ask? Technically she was never out of status in this country. Either on H1 or on H4 but never out of status. Please give your valuable suggestions.

She needs to be truthful and inform the client that she worked on H4 status.

[pontevecchio]

At worst the "transfer" will be denied and the H1 petition approved. In that case she can leave and return with the H1 visa. Even this is extremely unlikely. Her transfer should be routine.