H1 new rule.. is it true

[dindia]

Hello all

I came to india for vacation and stamping which was rejected saying petitioner (company A) is not eligible to pay. my gc is done till 140. now they are saying, they have another company (company B) which is under the umbrella of Company A and I should apply for new H1 through company A.

1) Do I need to have a client even for H1 application. it takes 30 to 45 days to get 797 approval from USCIS and embasy interview would take atleast 10 days. A Client would not wait for 2 months.

2) If company A and B are like different petitioners will how can they continue my gc. could they be hiding that B will use my 140 and are not telling me ( i heard it can be used only once).

3) If i choose to go for H1 through a diff company company A might terminate my GC. I have paid 4000 for it so far.

4) Can a fresh candidate from India even apply for H1 with out having a client as per the new rules?

[shervin143]

1) Do I need to have a client even for H1 application.
>>> Yes.

it takes 30 to 45 days to get 797 approval from USCIS and embasy interview would take atleast 10 days. A Client would not wait for 2 months.
>>> Unless your employer has a full-time job for you, they cannot file the petition. Irrespective of whether there is a client or not, if the employer can prove that they have a project for you and will pay as per the LCA, then you are good. You cannot apply for a H1B petition stating that you will find a project to work on later.

2) If company A and B are like different petitioners will how can they continue my gc. could they be hiding that B will use my 140 and are not telling me ( i heard it can be used only once).
>>> GC is for future employment. So Company A can continue the GC process. But looks like they have a bad reputation which might harm the GC process.

3) If i choose to go for H1 through a diff company company A might terminate my GC. I have paid 4000 for it so far.
>>> Paying for GC is illegal. You can restart the GC with the new employer and use the priority date from the previous labor to file I-485.

4) Can a fresh candidate from India even apply for H1 with out having a client as per the new rules?
>>> If your employer is not a consultancy company, then YES. If your employer is a consultancy company, then you need to show the client letter or documents that you are hired to work for in-house projects.