H1-B picked in lottery, employer problem, wish to change job before october

Hello,

I filed my H1-B visa through a consultant in new jersey and it got picked up in the lottery. however I am having serious problems with the consulting company who filed for my visa. The management has been very rude in every interaction and treat me as if I owe them everything for my visa. secondly, my fiancee is moving to colorado with cisco and I plan to move there with him. I wish to change the company and have following questions

  1. Will it be easier to find the job with other company now since my visa is picked up in lottery?

  2. If I can find the job with other company, can they transfer my visa at this stage?

  3. What is the best way to approach this situation if I don’t want to join this company and find a different company before October?

I will appreciate your answers.

Thanks

Pooja

1 Like

Better to come here and then change. However be warned, most of these consulting firms will make you sign a bond.

Hi Frds
I got h1b picked this time, but it went to RFE asking client letter. I know will not get this client letter at any cost as the client has been changed now.

  1. Am i exempted from cap /still be valid for next year if the company still withdraws the application?
  2. is there a way if we submit the MSA it will work?

Thanks

Hi Frds
I got h1b picked this time, but it went to RFE asking client letter. I know will not get this client letter at any cost as the client has been changed now.

  1. Am i exempted from cap /still be valid for next year if the company still withdraws the application?
  2. is there a way if we submit the MSA it will work?

Thanks

#1) No
#2) Possibly but its very hard to tell without looking at your application details.

**There are more experienced folks in this forum. My answer/suggestion may be wrong, its based on my experience***

Congratulations on your H1 pickup. I can understand, these consulting companies do bother employees a lot.

  1. Will it be easier to find the job with other company now since my visa is picked up in lottery?

As per my understanding you cannot change the employer as your petition is only being “PICKED up” in the lottery. Do you have an approval “I 797”? 2) If I can find the job with other company, can they transfer my visa at this stage?

If you find a Job with other company you can transfer your H1B to other company. It may take 2-3 week in Premium and more in regular processing. At this stage, as mentioned in # 1 you cannot transfer as you dont have approved petition. You might want to stick with your current employer until your petition is approved and you get approved I797 copy.3) What is the best way to approach this situation if I don’t want to join this company and find a different company before October?

You might want to stick with your current employer until your petition is approved and you get approved I797 copy. Also, work for 1 month October - November with your current employer then switch the company. So, he atleast make some money on your H1 status and it gives you time to transfer H1B. Dont tell your exisiting exmployer that you are transferring your H1 to new employer…

If you have signed a Bond then you might want to look in to it. Also, as per DOL bonded labor is not allowed. (Check on DOL site for confirmation). Once you get on H1 you have better chances in court if your employer sues you for breaking bond if you have any.

Communicate with your current employer via EMAIL only. So, you have all the proofs if this matter is dragged in court.

**There are more experienced folks in this forum. My answer/suggestion may be wrong, its based on my experience