H1 transfer before Oct 1st

[visanag]

What is the name of your state? CA

Hi ,

I had applied for H1b when I was in home country. I travelled to us on H4 during May 07. H1B approved during june 07. My employer has applied for amended petition to change from H4 to H1B without going out of country for stamping.Petition is not yet approved.

1. Can I start working if I receive petition receipt or should I wait till I get approval.
2. I have a better offer from another MNC, can I apply for change of status before Oct 1st without paystubs when my amended petition is pending or after getting receipt?
3. I am planning to travel out of country and get visa stamped as a last option. In that case can I transfer stamped H1B to new employer without paystubs before Oct 1st?

Is there any other option available for me, My h4 is expiring in Oct.What is the name of your state?

 

[ImmigAttyLana]

1. You have to wait to get approval; you are not authorized to work in the US until you do.
2. A new employer can file a new petition that will not be subject to the quota, if filed before 10/1/07 and you don't need any paycheck stubs for that.
3. The transfer can only happen if you are ALREADY in the US in valid H-1B status. Before 10/1/07, you CANNOT be in valid H-1B status and, therefore, a transfer is not possible before that time.

 

[visanag]

Lana, Thanks a lot for the reply.

My H1B approval is valid from 10/1/07. I wanted some clarification at pt 2.

I want to know if I can TRANSFER [ I had written change of status in my earlier question] my H1B to a new employer without H1B stamped. I only have a copy of my approval notification. I do not have I-94 with my approval notice.

Can I still transfer h1B before 10/1/07 and while my amended petition(H4 to H1B transfer] approval is pending.

What other documents I may need to process it.

[ Sorry for repeating the question... I am little confused !!]

Thanks again

 

[ImmigAttyLana]

A new employer has to file a new petition on your behalf in order for you to be able to work legally for the new employer. You cannot transfer the approval you have for one employer to another.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[visanag]

Thank you very much Lana...

 

[visanag]

Hello Lana,

If my new employer applies for a new H1B petition how much time it may take to get it approved.
I only have approval copy, is that sufficient for new petition. [ To prove that I already come under quota for the year]
Can I work once the petition is filed or should I wait for approval?

Thanks in advance,

 

[ImmigAttyLana]

It can take several months through regular processing. You can only work while it is pending if you already have valid work authorization or if you are already in H-1B status. Otherwise, you have to wait for the petition to be approved.

 

[visanag]

I am on H4 currently, and my H1B is valid from Oct 2007 . That means I can not work until I get approval ? []

How much time it may take in premiun processing top get approval.

 

[visanag]

Also, if I get my visa stamped and enter US on 25th Sep, and if new employer applies for H1B transfer , can I start working as I would ahve entered US with valid H1B ? Pls sugegst..