hi , my wife has entered US on a H4 visa.She has got a offer from a company which has filed her new H1B1 .The status of the application is pending Approval and she has already recieved LIN no.
Earlier during her career my wife was working in US on a H1 Petition through a different employer before going back to home country , she also posses a SSN no.
This employer she has received her offer letter from wants to start her payroll as the company has found a very long term project where she is required to join.
More than 2 months have passed since she has received the LIN no and according to her company's law firm only a month or less is left to get her H1B1 approval , so its no point filing premium processing.
And also
The company is not processing Premium as according to the company's law firm it is not required to file Premium as she is eligible to work in US even though her status is Pending H1B1 approval since she had an H1B1 earlier and also SSN .So the company claims that it can go ahead and deduct the tax and start payroll immediately.
Is this assumption true.
Should we take precaution of filing a "Premium processing" before resuming the job.
Earlier during her career my wife was working in US on a H1 Petition through a different employer before going back to home country , she also posses a SSN no.
This employer she has received her offer letter from wants to start her payroll as the company has found a very long term project where she is required to join.
More than 2 months have passed since she has received the LIN no and according to her company's law firm only a month or less is left to get her H1B1 approval , so its no point filing premium processing.
And also
The company is not processing Premium as according to the company's law firm it is not required to file Premium as she is eligible to work in US even though her status is Pending H1B1 approval since she had an H1B1 earlier and also SSN .So the company claims that it can go ahead and deduct the tax and start payroll immediately.
Is this assumption true.
Should we take precaution of filing a "Premium processing" before resuming the job.