H1 transfer possible or not -- urgent help requried please

[willy_gc]

I had a consulting firm file for my H1 . When my H1 came through as I had filed it when i was out of the country it did not have the I 94 . I am on H4 visa currently.

My employer said that he would have to revalidate my H1 and as soon as I get a job he will do a premium processing which will take 2 weeks and I can work after I get my new H1. Now when finally I asked him to revalidate he told me that I he wont be doing a premium processing and will file my H1 in regular processing. The question I have is

1. Can I work for this company when my H1 is in process because it is not an H1 transfer and it is a revalidation.

2.Can I transfer the original H1 (without I 94)

 

[ginnu]

I had a consulting firm file for my H1 . When my H1 came through as I had filed it when i was out of the country it did not have the I 94 . I am on H4 visa currently.
----------------- US employer filed H1 for you when you were out of US and H1 got approved, you need H1 visa stamp to enter US. if you are in US on H4 then go out of US, get H1 visa stamp and enter on H1 status.

My employer said that he would have to revalidate my H1 and as soon as I get a job he will do a premium processing which will take 2 weeks and I can work after I get my new H1.
---------------- Revalidation of Visa is stoped 2-3 years back. one cant get Visa revalidated in US. I dont know what your employer is saying. I think he does not have job at this time. ask him for the H1 approval notice and you can get H1 stamp from Canada/Mexico or your home country and then enter on H1 status.
Now when finally I asked him to revalidate he told me that I he wont be doing a premium processing and will file my H1 in regular processing. The question I have is

1. Can I work for this company when my H1 is in process because it is not an H1 transfer and it is a revalidation.
--------------------- H1 Visa Revalidation at this time in not done in US
2.Can I transfer the original H1 (without I 94)
--------- you are not on H1 status you have not worked on H1 status you dont have pay stubs you cant transfer H1 as you are not on H1 status.

if you want to join other employer let him file H4 to H1 Change of status and once you get H4 to H1 COS approved and approval notice with I-94 then you can join the new employer

*** you are on H4 status if you entred last time on H4 and your H4 based I-94 is valid, file your H4 extension before your I-94 gets expired

 

[willy_gc]

Thanks for your reply

My employer said that they had done this for someone as so they can use the approved H1 and file again an H1 as a new H1 but using this approved H1. ( I guess this might be useful as the quota is already used up)

I understand I am on H4 now and can get my H1 stamped from my home country or Canada/Mexico. What I did not understand is my employer's statement that once he files for the H1 again using my preapproved H1 I can work. This is completly opposite what he told me couple of days repeatedly that I cannot work until I get the H1 approval.

As for an H4 to H1 transfer can I do it with a new employer as the quota for the year 2007 wont open until Oct. I think I can file for it as early as April 07

Thanks again for your insight

 

[Rima_Agarwal]

hello

I guess mine and yours case is similar. I filed for change of status from H4 to H1. I got H1 without I-94. I filed amendment using the H1 approval and got I-94. During all that time I was never out of status.

But it is very much clear that you cannot work on H-1 without I-94. First of all you need SSN to work and you get SSN only if you get H-1 with I-94.

I dont know whether these information will help you or not.

Good luck
Rima

 

[willy_gc]

Thank you for taking the time to share your experience and answer my question.

 

[mkimmi]

h1 transfer

If you have h1 approval notice in hand (without i-94), i think you need to go ur home country and get it visa stamped on ur passport. Because you are doing h4 to h1 transfer, you cannot start working ur employer unless u get new visa stamp on Passport. hope this may helps!!