Valid I-797 n Enterd as H4 now COS from H4 to H1 with a new employer

[pater.jean]

hi,
i have my H1 approved in april, 2008. but my employer had not sent me my documents to stamp my H1. meantime i got married. my wife is on H1.
so my employer insisted me to come us on H4 and said to do change of status later in 2009.
so i entered US on H4 feb 2009.

now, my question is if i find a new employer, can new company apply for my change of status (H4 TO H1) directly?
or
i have to first apply for change of status with my old employer and then and then only i can transfer my H1 to the new employer??

anybody is having answer to my question please reply to me URGENTLY.

 

[ginnu]

hi,
i have my H1 approved in april, 2008. but my employer had not sent me my documents to stamp my H1. meantime i got married. my wife is on H1.
so my employer insisted me to come us on H4 and said to do change of status later in 2009.
so i entered US on H4 feb 2009.

now, my question is if i find a new employer, can new company apply for my change of status (H4 TO H1) directly?
or
i have to first apply for change of status with my old employer and then and then only i can transfer my H1 to the new employer??

anybody is having answer to my question please reply to me URGENTLY.

if you are on H4 status then ANY US employer can file H4 to H1 Change of status(ask them if they have Job for you). H4 is not tied to Employer A or B or C, H4 status is tied to H1 holder H1 status.

 

[kabkaba]

New employer can file new cap exempt petition and include automatic COS in that petition. But once on H1 you need to be paid all the time.