I am a little confused with the definition of H1B portability.
The H1B portability law says the alien can start working for new employer right after the petition is filed if the alien was previously issued a visa or otherwise provided a nonimmigrant status under section 1101(a)(15)(H)(i)(b).
http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001184----000-.html
I am an H4 and just got a new H1B approval, but need to go abroad to get visa stamp. The starting date of the H1B is July 5, 2005.
Can I starting working for the employer before I get a visa abroad?
The company is planning to file a new I-129 to change my status in the US, so I don't have to leave the US to get a new visa. Once the new I-129 is filed, does the H1B portability applies to my case?
I would appreciate it if anyone can provide some opinion.
The H1B portability law says the alien can start working for new employer right after the petition is filed if the alien was previously issued a visa or otherwise provided a nonimmigrant status under section 1101(a)(15)(H)(i)(b).
http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001184----000-.html
I am an H4 and just got a new H1B approval, but need to go abroad to get visa stamp. The starting date of the H1B is July 5, 2005.
Can I starting working for the employer before I get a visa abroad?
The company is planning to file a new I-129 to change my status in the US, so I don't have to leave the US to get a new visa. Once the new I-129 is filed, does the H1B portability applies to my case?
I would appreciate it if anyone can provide some opinion.