I’m on bench right now with an employer A in the US. (I got my H1B petition extension approved in May2017 and now its valid upto Jan 2020.My visa expired in May 2017 and I-94 validity expired in May 2017 well.)
Employer A doesnt have many direct clients in the US for my skills and hence is planning me to send me back to India soon and want me to work from their India office till they find me a new project in the US.If they do,I’ll be going for visa stamping in India before coming to the US at the new client location.
(This employer A is not very willing/very slow for GC application and hence has not initiated that process yet.)
So due to above reasons, I intend to transfer my H1B to another employer B which is a staffing company located in the US.This employer B works with a direct Chicago based Preferred vendor V for a Chicago based end client C.
I’ve cleared the interviews with client C and they have rolled out the offer to work with them as a consultant through vendor V.
My question:Especially since Jan 2017(post the new US government directives), looks like there’s a certain negative perception about USCIS in regards to having possible issues/denials(221g??) with new H1B transfers this year, especially if the employee is not working with a direct client and is instead working through a staffing company like B.
1.Should I still go ahead and quit employer A, join employer B and work with end client C in Chicago through vendor V?Will this be legal and safe enough for H1B petition approval given the negative outlook?
2.Whats the worse that could happen in this scenario?If my H1B gets denied, will I go out of status immediately, or will I get a grace period of 60 days to find a new H1B sponsor?
Thanks for your help in advance.