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Hi all,

I'm in the following situation: I'm currently on OPT (student visa) and I work for company A (a pretty big consulting firm). They are not planning on filing for the H1B application for me. I have found 2 sponsors who are willing. Here's the difference between them that has me a bit confused about what to do. Lets call these company B and company C.

Company B is willing to file without me presently joining them and they require me to join only once the H1B petition gets approved. My question here is: if they were to be hit with an RFE, do they stand a good chance at contesting it? I know that this is based on what kind of an RFE is issued but if the most common reasons for an RFE were considered, does this company have a good shot at successfully dealing with this?

Company C on the other hand requires me to join them immediately and then only will they will sponsor my visa. This requires me to leave my current employer and I'm a bit concerned because I felt more secure working for a larger consulting firm, in addition to some benefits which will be absent.

Please advice me regarding which sponsor I should choose since I intend on choosing only one.

Thank you.
asked in H1B Visa by (120 points)

1 Answer

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Given the current H1B situation its best you join an employer after the H1B is approved, so that you aren't left in a limbo where you start working for them, but the H1B petition keeps getting RFE. Since you already are in a job, even as an OPT, I would advise you to continue working for them while Company B or C will apply and get your H1B approved. You should ask them to file in Premium Processing. See which of the 2 companies are ready for it. Push them to get this whole thing done before your OPT expires, that way, you utilize your OPT time and also get your visa approved when you join the new company.
answered by (380 points)
Hi, thank you, but how will this employer that I’m not working for handle the RFE successfully? Won’t it be a stronger case if the direct employer was filing?
Doesn't matter, irrespective of whether or not you are working for them yet, the documents that needs to be presented to USCIS is the same - they file the labor providing an occupational code, get it approved, file for H1B by providing docs to prove why this job description require a foreign national and as to how your educational and work background fits this job and what the individual's job duties are. If you are working for them already, they will establish pay stub otherwise no. Anyways, none of this pertain to whether or not you are already working for them. To avoid waiting for 5+ months to know the result, have the employer file it in Premium. Infact I would suggest accepting offer from both B and C, have them file for H1B in premium (you can have multiple petitions filed at the same time), see which employer can get it approved without RFE and join them. Lets say you get RFE with both, then see who clears it first, join them.



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