H1B Quota Issue - Please respond asap

[sangs]

Hi,
I have been on an H1-B visa since April 2001, working for a company in Michigan. I applied for an H-4 visa before giving my official resignation notice of 3 weeks to my company. My last day worked at the company was October 13, 2004. My H-4 visa is pending approval. I do not know if my company has cancelled my H-1B visa. Also, my H-1B visa expires on Jan 31, 2005.

I just got a new job offer in New York.
- Since I have been working with an H-1B visa for the past 3 years, am I subject to the H-1B cap for 2005?
- Does the new company have to apply for a new H-1B visa?
- Can I start working immediately or do I have to wait for the H-1B approval?
- What happens to my H-4 case that is pending? Does the company have to withdraw it? I have a case number.

Please respond as soon as possible as the new company needs me to start working in 2-3 weeks and hence I need to have them apply for the H-1B visa if I am not subject to the cap.

Thank you very much,
Sangeetha.

 

[great guru]

Hi,
I have been on an H1-B visa since April 2001, working for a company in Michigan. I applied for an H-4 visa before giving my official resignation notice of 3 weeks to my company. My last day worked at the company was October 13, 2004. My H-4 visa is pending approval. I do not know if my company has cancelled my H-1B visa. Also, my H-1B visa expires on Jan 31, 2005.

Since you applied for H4, it does not matter whether your previous employer revoked your H1.

You will not come under h1 cap at all. You can change your status from pending H4 to h1.

If your previous h1 is still valid (not cancelled by previous company) give the copy of H1 to new company attorney, ask him to change the staus. In this case you can join new company and work once you get the receipt notice.

You have only one advantage, if INS ask pay stub and do you have break in paystub, you can always say you change over to H4 as soon as you resigned. Once your H1 is aproved you have to withdraw the H4 petiiton.
I just got a new job offer in New York.
- Since I have been working with an H-1B visa for the past 3 years, am I subject to the H-1B cap for 2005?
- Does the new company have to apply for a new H-1B visa?
- Can I start working immediately or do I have to wait for the H-1B approval?
- What happens to my H-4 case that is pending? Does the company have to withdraw it? H4 belongs to you and you have applied company not at all involved. I have a case number.

Please respond as soon as possible as the new company needs me to start working in 2-3 weeks and hence I need to have them apply for the H-1B visa if I am not subject to the cap.

Thank you very much,
Sangeetha.

 

[sangs]

Thank you

Hi Great Guru,
Thank you very much for your prompt response. I talked to a lawyer today too and she said the same thing - that I can do an H-1 transfer and can start working as soon as they apply. Also, she said the last paystub should be enough.
Thanks a lot,
Sangeetha.