H1 approved - when is status changed?

[thakur1234]

Hi,
My wife got her H1-B approved (through consultant "A"), which is valid from Oct 1st 2006. Currently she is on H4.

1. Will her status change to H1 automatically from Oct 1st? OR she will be considered employee of "A" only after she accepts her first paycheck from "A"?

2. Earlier she also filed for H1 through "B". That has not yet been approved. Consultant "B" is much better than "A". Can she delay joining "A" till end of October so that she can wait if B's H1 gets approved? (OR maybe delay first paycheck till Oct end and meanwhile receive B's approval and join B?)

Please advice.
-raj

 

[ginnu]

Hi,
My wife got her H1-B approved (through consultant "A"), which is valid from Oct 1st 2006. Currently she is on H4.

1. Will her status change to H1 automatically from Oct 1st? OR she will be considered employee of "A" only after she accepts her first paycheck from "A"?
-------------- was her H1 filed as Change of status from H4 to H1? did she got I-94 attached with H1 approval notice (lower right side)???

2. Earlier she also filed for H1 through "B". That has not yet been approved. Consultant "B" is much better than "A". Can she delay joining "A" till end of October so that she can wait if B's H1 gets approved? (OR maybe delay first paycheck till Oct end and meanwhile receive B's approval and join B?)

Please advice.
-raj

 

[deej]

My wife got I-94 attached with H1 approval notice (on the lower right side). Mine too is the same case. In this case when does her status change take place, from Oct 1st,2006 or the first pay check she receives.

thanks,
Deej

 

[ginnu]

My wife got I-94 attached with H1 approval notice (on the lower right side). Mine too is the same case. In this case when does her status change take place, from Oct 1st,2006 or the first pay check she receives.
--------------from Oct 1st,2006
thanks,
Deej

 

[thakur1234]

Is there a time limit between joining an employer and filing for an H1 transfer? My wife's H1 has her I-94 attached to the approval notice. So she is an employee of "A" starting Oct 1st (as per my understanding. Correct me if I am wrong).

So when can she file for a transfer? Can she do it right away?

Thanks,
Raj

 

[choti]

As per my knowledge, No, because USCIS says the worker should work for the employer for a significant amount of time before changing employers. I am not sure how long is 'significant amount of time'.

According to the USCIS H1-B filing guidance released on 28th March 2006 in anticipation of the April 1, 2006 FY 2007 beginning filing date, they stated that in order to avoid delays and possible RFE’s.

"CFR 214.1(c)(4) requires that an applicant for extension of status have maintained his or her nonimmigrant status. In situations in which an H1-B worked is changing to an employer other than the one for which the initial H1-B petition was approved, USCIS will require that the worker changing employers demonstrate that he or she actually did perform work for the original petitioning employer for a significant length of time."