H1 to H1

kramercosmo

New Member
I was on H4 visa and company A filed for my H1 and got approved. I got an offer from company B and I want to take B's offer. Now I haven't started working for A yet due to personal reasons. Now what will be my status for applying H1 at B.

Appreciate your replies.
 
Originally posted by kramercosmo
I was on H4 visa and company A filed for my H1 and got approved. I got an offer from company B and I want to take B's offer. Now I haven't started working for A yet due to personal reasons. Now what will be my status for applying H1 at B.

Appreciate your replies.

Since you are not in a valid H1 status(by not beginning employment under H1) you will still be considered H4 to H1 case. You will have to wait for approval of another H1 with company B before you can start working.
 
Thanks for your reply. I don't mind applying as New H1, but will INS expect me to submit pay stubs since my first H1 got approved. Thanks for clarifying.
 
You can do a new h4 to h1 transfer (advised). IN order to do a H1 transfer you need paystubs from company A, unless the approval date was very very close to the receipt date of h1 transfer. There is a definite risk of H1 rejection.
How close? The answer is subjective...
 
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