New H1b petition filed, client change before H1b becomes effective on October 1st

USA H1B
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1

I am in H4 Ead, currently working for client A thru Employer A. My H1b got selected in this year lottery and my Employer A filed my H1b petition stating Client A in the LCA. Now, in another two weeks my project with client A is going to end. My Employer is upgrading my H1b processing to premium. Once my H1b is approved to start from October 1st, will there be any denial, if I make any amendments for a new client B, as I didn’t work for client A starting October 1st?

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Is your job position, salary and location for client B same as client A?

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For Client B - Job position, Salary are in same line but the location is different. Thanks for your reply!

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Is the location in the same MSA?

Did your employer also filed for change of status from H4 to H1B? If yes, is the COS start date 1st Oct?

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Client B Location is not in the MSA as it is different state.

It’s a new H1b and my employer did COS October 1st.

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Once your H1B is approved, your employer will need to file amendment with new LCA.

@anil_am22 , one thing I am not sure is if the amendment in this case can be filed before 1st Oct? Please provide your input.

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Legally, you can file amendment before Oct 1 but in recent years, USCIS has taken the view that they cannot amend the first H1B until it has been activated on Oct 1.

Hence, most attorneys wait until Oct 1 to file amendment/transfer to avoid rejections.

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Awesome, thanks Anil!

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Thanks @anil_am22 & @Kalpesh_Dalwadi for your replies!

My question is, since my job with client A ends in 2 weeks from now (July 30th) and the H1b is effective OCT 1st, if I find a job may be OCT 15th to work for Client B, my employer can file amendment on OCT 15th without any rejection or denial right? I want to confirm, as I will not be working for client A starting Oct1st and will there be any implications as such.

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1st October is the earliest date you can start your H1B employment. You may defer the start date until few days after 1st October provided your employer agree (most employers will want you to start within 30 days of start date). Meanwhile they can file for new LCA and H1B amendment.

Talk to your employer and their immigration lawyer about your specific situation.

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