Mumbaiteam
New Member
There is counselor processesing case pending at CA service center, petition filed for change in employer & change of status.
The consultant was in US on H4 and had a approved H1 petition ( Counselor case, Mumbai POE mentioned at the bottom of the approved petition )valid from Oct 2008 from a company A. Company A decided to withdraw her H1 in December 2008, stating that they are facing some issues. The consultant spoke to company B to transfer her H1 to them. Company B filed for change of employer & status change in December without a work order or work contract. There was a RFE on company B requesting for a contract & WO for the consultant in 1st week of Februrary. Coincidentally the consultant also got a project in Feb 2009. Company B replied to the RFE with WO for the consultant, showing there is work for the resource.
The approval has not come yet from USCIS. Can the consultant take up a project thru company B before that ? Is an approved H1 petition ( though a counselor one ) allows a consultant to work ? What are the consequences if the consultant has already started work ? How can the situation be reconciled ? Company B wasnt given proper advise by the attorney. The case was managed by some junior case managers from the attorney's office. The senior attorney is now suggesting to withdraw the LCA ( though we have already replied to the RFE ) and suggesting a new petition to be filed with premium.
FYI..The consultant also has a valid L1, B1 and had her SSN number assigned during her previous US assignments. Request help !
The consultant was in US on H4 and had a approved H1 petition ( Counselor case, Mumbai POE mentioned at the bottom of the approved petition )valid from Oct 2008 from a company A. Company A decided to withdraw her H1 in December 2008, stating that they are facing some issues. The consultant spoke to company B to transfer her H1 to them. Company B filed for change of employer & status change in December without a work order or work contract. There was a RFE on company B requesting for a contract & WO for the consultant in 1st week of Februrary. Coincidentally the consultant also got a project in Feb 2009. Company B replied to the RFE with WO for the consultant, showing there is work for the resource.
The approval has not come yet from USCIS. Can the consultant take up a project thru company B before that ? Is an approved H1 petition ( though a counselor one ) allows a consultant to work ? What are the consequences if the consultant has already started work ? How can the situation be reconciled ? Company B wasnt given proper advise by the attorney. The case was managed by some junior case managers from the attorney's office. The senior attorney is now suggesting to withdraw the LCA ( though we have already replied to the RFE ) and suggesting a new petition to be filed with premium.
FYI..The consultant also has a valid L1, B1 and had her SSN number assigned during her previous US assignments. Request help !