Start out working on OPT 6 yrs back as a consultant of company A at a client location company B. About 5 months later, my first H1 with company A gets approved but at the same company B offers me a permanent position so I jump the ship.
From here things start to get messed up. Company B assumes that A has withdrawn their H1 and hence I’m back on OPT while working as direct employee of B but company A takes their time and doesn’t withdraw their H1 in time so in reality I was on company A’s H1 but on company B’s payroll ….. sounds confusing yet ?? wait … there’s more $hit to it !!
It was those good ol’ days when H1 cap would dry up in just few months so when company B applies for my H1 (before the cut off date) and the quota runs out soon afterwards. In the meantime my OPT expires as well but company B’s lawyers hold that since they had applied for my H1 before the cutoff date and INS hadn’t approved the H1 yet, now its INS’ fault and I can continue working with pay (works for me!!)
Six years pass by and during those years, company B gets bought out by company C just around the time when my first H1 term was expiring hence company C files for my second term H1 renewal and gets it approved without a hiccup and also file for my labor certification for GC purposes.
Now comes the seventh year extension and monkey lawyers of company C are biting their tail finding some fundamental flaws & mistakes in my H1 history.
Two big mistakes they find: my paycheck was coming from a different company while being on another company’s H1, second, I continued working w/o authorization once my PT was expired – and all these revelations after I’ve had 2 H1 approvals, extensions and what not. Now I’ve to leave the country for one full year before they can bring me back on a fresh new H1. How is it so ???
From here things start to get messed up. Company B assumes that A has withdrawn their H1 and hence I’m back on OPT while working as direct employee of B but company A takes their time and doesn’t withdraw their H1 in time so in reality I was on company A’s H1 but on company B’s payroll ….. sounds confusing yet ?? wait … there’s more $hit to it !!
It was those good ol’ days when H1 cap would dry up in just few months so when company B applies for my H1 (before the cut off date) and the quota runs out soon afterwards. In the meantime my OPT expires as well but company B’s lawyers hold that since they had applied for my H1 before the cutoff date and INS hadn’t approved the H1 yet, now its INS’ fault and I can continue working with pay (works for me!!)
Six years pass by and during those years, company B gets bought out by company C just around the time when my first H1 term was expiring hence company C files for my second term H1 renewal and gets it approved without a hiccup and also file for my labor certification for GC purposes.
Now comes the seventh year extension and monkey lawyers of company C are biting their tail finding some fundamental flaws & mistakes in my H1 history.
Two big mistakes they find: my paycheck was coming from a different company while being on another company’s H1, second, I continued working w/o authorization once my PT was expired – and all these revelations after I’ve had 2 H1 approvals, extensions and what not. Now I’ve to leave the country for one full year before they can bring me back on a fresh new H1. How is it so ???