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I am currently on F1-OPT grace period (expires on 04/11/2015). I have 2 employers - cap & non-cap filing H1b for me. My non-cap employer has just filed for H1b with COS with premium processing (delivered to USCIS on 03/13/2015). I have no contract with non-cap employer, so I am thinking to work till September on non-cap job and then moving to cap job from October (considering I make it through the lottery). My questions are as follows:
1. If my non-cap H1b is approved along with COS before April 1, what should be indicated in I-129 for cap H1b petition for the following?
a) Part 2, Item 2 - Basis for classification (New employment or Change of employer)?
b) Part 2, Item 4 - Requested action (Change the status or Extend the stay)?
As of now, they are doing it as new employment and COS from F1 to H1b.
2. If my non-cap H1b is approved with COS on let's say March 27/28 and there is no time for my cap employer to modify the I-129 information (since it probably will be
sent to USCIS by then) and my cap H1b is filed as new employment and COS from F1 to H1B, would my H1b petition be rejected because of incorrect information on I-
129? Or is there a possibility that my H1b petition gets approved but COS gets denied?
3. Is there another solution to it - something like 'amendment of I-129' that can work in this situation (to correct the error in I-129)? If yes, when can this be sent?
4. Should I rather ask the cap employer attorney to file it as consular processing? Would that be a better option?
5. Does LCA also need to be modified (specifically 'Basis for visa classification' part)?
Please clarify and suggest the best possible solution that can work out in my situation.
Thank you.
1. If my non-cap H1b is approved along with COS before April 1, what should be indicated in I-129 for cap H1b petition for the following?
a) Part 2, Item 2 - Basis for classification (New employment or Change of employer)?
b) Part 2, Item 4 - Requested action (Change the status or Extend the stay)?
As of now, they are doing it as new employment and COS from F1 to H1b.
2. If my non-cap H1b is approved with COS on let's say March 27/28 and there is no time for my cap employer to modify the I-129 information (since it probably will be
sent to USCIS by then) and my cap H1b is filed as new employment and COS from F1 to H1B, would my H1b petition be rejected because of incorrect information on I-
129? Or is there a possibility that my H1b petition gets approved but COS gets denied?
3. Is there another solution to it - something like 'amendment of I-129' that can work in this situation (to correct the error in I-129)? If yes, when can this be sent?
4. Should I rather ask the cap employer attorney to file it as consular processing? Would that be a better option?
5. Does LCA also need to be modified (specifically 'Basis for visa classification' part)?
Please clarify and suggest the best possible solution that can work out in my situation.
Thank you.
