urgent H1B visa question!!!

[janet2janet]

Hi!I am here on an H1B visa.
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

 

[teleks]

No Title

Your New H1 B application should reach INS before your old H1/I-94 expires. That satisfies INS, and until a decision is made you are in legal status. You may start working for the new employer after your H1 application has reached INS. You need not wait for the approval.

Once you get your new H1 apply for revalidation.

Hope this helps.

I started to work for my new employer just after filing H1 transfer. My papers were sent on friday and started to work on the following Monday. My H1 came through after 45 days. I was paid legally for those 45 days. This was last year. I did not face any problems.

Problem starts only if the visa is rejected. You will have to leave the country b\'cos you do not have a legal status. But there is no reason why it should be rejected, unless you do not have valid paystubs.