good_fellow
New Member
Hi,
Please help to see if I am out of status or will have any problem in getting H1B visa. I am going to one of border posts for visa stamp. My F1 visa has expired.
The following is the problem.
My employer X is consulting firm based in state A. I was working on OPT for employer X and then transferred from F1 to H1 in mid last year (June 2004) from same employer. From the time I started on OPT ( Sep 2003), I have been working for their same client in a different state (B). My employer (X), when applying for new H1 (F1 to H1) has used LCA from the area in their state (A) where employer office is located. It had never taken LCA from its client's area in state B. Only few days ago, its attorney has taken LCA from their client's area. after me asking for I-129B petition copy so that I can get VISA stamped. I have been totally working in my client's site from the beginning, ever since I got my OPT (2003) and my driver's license, paystub's addresses all reflect my address in state B.
Am I out of status, since employer did not get new LCA (from client's area in state B) as soon as I changed to H1 status in June 2004 (They got it now)? Is it too late, that it got LCA right now?
What if consulate finds this, when I submit paystubs, LCAs etc? When I submit my I-129B petition, should I include only the first LCA (from the area where employer is located) or include LCA (from the client's area) or both?
What are chances that my H1B visa gets rejected?
Please help to see if I am out of status or will have any problem in getting H1B visa. I am going to one of border posts for visa stamp. My F1 visa has expired.
The following is the problem.
My employer X is consulting firm based in state A. I was working on OPT for employer X and then transferred from F1 to H1 in mid last year (June 2004) from same employer. From the time I started on OPT ( Sep 2003), I have been working for their same client in a different state (B). My employer (X), when applying for new H1 (F1 to H1) has used LCA from the area in their state (A) where employer office is located. It had never taken LCA from its client's area in state B. Only few days ago, its attorney has taken LCA from their client's area. after me asking for I-129B petition copy so that I can get VISA stamped. I have been totally working in my client's site from the beginning, ever since I got my OPT (2003) and my driver's license, paystub's addresses all reflect my address in state B.
Am I out of status, since employer did not get new LCA (from client's area in state B) as soon as I changed to H1 status in June 2004 (They got it now)? Is it too late, that it got LCA right now?
What if consulate finds this, when I submit paystubs, LCAs etc? When I submit my I-129B petition, should I include only the first LCA (from the area where employer is located) or include LCA (from the client's area) or both?
What are chances that my H1B visa gets rejected?