Legal Question in Immigration Law in California

Hi,

I am currently on h1B (work Visa) working fulltime with Consulting Firm. I have been on client location from the day 1 I was hired by this company, but the my company did a mistake in filing my h1b. They just certified LCA for thier Texas location and my client is in california. I have been working at my client location in CA and paying my taxes here. Moverover there was a material change last year since they moved from Texas to Georgia.

As talked to lawyers they have asked us to file for new LCA with ammended H1B. Since this process is complex now a days and there are possiblities from my client to offer fulltime in future can i wait untill the fulltime is offered and just transfer my Visa. Are there any chances of having problem with Visa Trasnfer based on my previous LCA.

I am little worried that my previous LCA would effect my future H1b Transfer.

Thanks


Asked on 2/17/10, 5:03 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Absolutely there is a problem and if you have the opportunity to port to a new employer, you should do that though you should also plan to go pick up your visa abroad and not just simply extend, and hope that since the new employer won't have such problems if you can choose carefully, that the old one will be overlooked as this was not your fault. As you may know, a memorandum was released on January 8 very much limiting off-site H-1 employment.

The above is general information not intended to be legal advice or form an attorney client relationship.For further information, contact me directly at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney and Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd of Legal Specialization

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Answered on 2/22/10, 5:23 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Yes, you might have a problem, since you have violated the terms of your current H1 Visa. Any time you apply for an extension of H1 visa you need to show that you are in a valid H1 status at that time. If you think your client will make you a job offer soon, then you might want to wait till then and file a new H1 petition.

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Answered on 2/24/10, 2:18 pm


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