Help/Information for H1 to H4 to H1

h1bquest23

Registered Users (C)
Hi All,

I was on H1B visa status from April 2001 and got laid off on 26th Jan 2004. I filed for H4 on my wife's H1 on Jan 29th 2004.

Currently trying to find a job with an employer who would do H1B too.

Assuming I find a job....

Questions :
1. Would I be considered under new H1 quota, even though I had H1B visa ?

2. This question depends on question 1's answer. Assuming that I don't fall under H1B quota would I be able to work just on receiving the receipt of H1B or I have to wait till my H1 approval comes.

Thank you in anticipation.

H1BQUEST23.
 
The conservative opinion was you cannot start work based on H4 to H1 receipt, but some lawyers have been intrepretiing that portability provisions apply in this case. I am still sceptical.
 
Hi Jaxen,

Thank you very much for the information. I also found the reply from another thread posted regarding the same topic.

Thank You,
h1bquest23
 
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