H1B(3yrs) to H4 (3months) to H1B (yet to apply)

[shersinghg]

Hi Experts

Can anyone point me to what law says about the following?

(1) I was on H1B for more then 3 years till Nov2004 and was working for my old-company.

(2) In Nov2004 I resigned from my job and got a H4 (based upon my spouses H1). i already have approved H4 with me. my old-company has already cancelled my old h1b.

(3) Now in March2005, I got an offer from a new-company. When this new-company applies H1B for me, should they apply a H1B transfer (or should they be applying a brand new H1B, which will hit new H1B quota) ?
Can I start working for new-company once i get the receipt date?

One of my friends opinioned that portability law was interpreted as "if a person applies H1B with another company, given that he or she had held H1B status in the past (even if the then current status is H4), then he or she can start working right away after the receipt date AND it is considered a H1B transfer."


appreciate a fast response as I ve to get back to my new-company at the soonest.

 

[Jaggy]

there is no H1b transfer although that what we speak but practically it is always a new H1B petition it is never a transfer. As far as your status is concerned it will be treated as a change of status from H4 to H1B and I am not sure if the law will allow you to start working with the receipt no since you have held H1B status in the past. Shoot an email to law@murthy.com to get an accurate answer.

 

[shersinghg]

thks.

Under AC21 (as mentioned in the February 2, 2001 issue of the MurthyBulletin article entitled, Creative Interpretations of H1B Provisions Under ACTA), a person currently on H-4 status who was previously on H1B may be allowed to work upon filing the H1B Petition.

http://www.murthy.com/news/UDcreh1b.html

if anyone knows any similar 1st-hand cases, pl let me know.

thks again.