H1b portabilty issue???

[janet2janet]

Hi!My H1B visa and the I-94 arrival - departure card expire the same day, Sept. 1st 2002. I recently got a very good offer from another company and signed with them. The new company will begin the process for my H1B visa transfer soon at NSC. Since, at present, it takes around 2-4 months for H1B visa transfer, my question is, by the time I receive the new notice of approval (I-797), my present I-94 and H1B visa would have expired.
1. Does that mean I will be out of status after the I-94 expires or whether I won\'t be able to work until I get the visa revalidated (new I-94), which takes quite some time.
2. Do I need to go for H1B premium processing? My new company doesn\'t seem very inclined for premium processing and would rather have regular processing.
3. Will it make sense for me to send my passport for revalidation with only the new receipt of action (to St. Louis, not sure???) before the I-94 expires, even though I would not have the new notice of approval (I-797)? Or should I wait for the new I-797 to come and then only send my passport for visa revalidation (my I-94 would have expired before that!)?
4. When can I start working for the company, as per the H1B portability rule? Is it when I have a certified mail receipt or when I have the receipt of action from INS?
Any help will be greatly appreciated.
Thanks
Janet

 

[Prghosh]

No Title

You can start working for the new company as soon as you receive the receipt of the H1 transfer. Do not bother about the visa. Once you get the H1 approval, apply for revalidation at St. Louis.

 

[jbm]

No Title

Janet

I agree with Prghosh.

1. Nop, with new i-797 approval bottom right portion will became your new i-94 form. And you don\'t need to send for visa re validation as long as you are in the usa. You can get visa validation outside of usa if you visit your home country in usa consulate. you will have grace period for one year to validate your visa stamp in passport after your current visa stamp expires. You can start working as you received your case number from INS. (Probably you will also receive your I-797 before September, it\'s more than 3-4 months)

2. premium processing is always good, but if your employee doesn\'t incline and you are in too much tension, then offer him to share coast for additional expense.

3. Don\'t do anything, for more info visit www.immihelp.com and check visa re validation section.

4. Consult your immigration layer for pro & cons.

I hope it would help.

Thanks

JB