L2 to H1B Change of Statu When the Sponoring Employer Has No Work Availabe
Hi I am a dependent(wife) of a L1 visa holder. My husband is in US in L1 for past 2 years and it expires in Feb 2015, which may get extended for the next 3 years, and I came to US in L2 visa, post marriage in September 2013. I applied for an EAD and received it recently. My EAD is good enough to work for any employer. Although, my husband is planning to quit his company for some personal reason, but we still want to stay in the US, so I had to look out for a H1 sponsoring company before H1 process. We couldn't get any job so I contacted a Indian(desi) consultancy and they gave me an offer letter starting Oct 1 2014 as ERP consultant and I had paid about 3500 bucks from my pocket, as I was too late and no one was ready to do a H1 then. In offer letter we agreed for one year contract :(
Good news is I got through lottery and I may get my H1 in Oct, was so happy and all, but this company did not find me any jobs until now, they agreed to find me a job as I had an EAD, but they couldn't. And I started trying outside as my official employment with this company begins only in Oct.
Then a beautiful offer comes by through L2, from a billion dollar company, for a better job role, better pay, and they are ready to do my H1 next year, my green card also in the long run. This is the break I was waiting for. Also, I was not comfortable about lying about my years of experience like how desi consultancies do, so this was perfect, they recognized me for my actual talent and hired me.
So what do I do :(? I have signed the offer with this new company as well and joining in June. I have not mentioned about my H1 or about the consultancy to them, as suggested by all around me, but I am scared if there will be some problem later on.
This is the plan, after I go in and work for some time and after I get my H1 approval in hand, I will tell the new company about the consultancy and ask for a transfer from current L2 to H1 without informing consultancy, because they didn't pay a dime in the process, they took in extra money from me and didn't find any job as well.
What are the problems I may face? Should I inform new company or the consultancy about the other? Is this kind of transfer easy or anything may go wrong?
If the consultancy plan to revoke H1 because I changed company, should I go through lottery process again if my current employer tries for a H1 transfer? My job role is little different in the consultancy and new job, is it going to affect H1 transfer in any way?
Re: HELP Required on a Complex L2 to H1 Situation
You bought a H1B through a payment to an employer which is against the rules. You need an attorney. You have problems not only with the various employers but also with US immigration authorities.