H1B approval I797B without I94, while on H4

[panug90]

Hi,
   Firstly thanks for the fantastic information and support provided in the forum by the members. Here's my situation:
   
   Entered US on H4 visa in sept 2014 (visa valid till sept 2015).
   Went back to india in Jan 2015 (for an important wedding) - Returned back in May 2015
   Applied for H1B through company A --picked up in lottery --then an RFE.
   Filed for H4 Extension in Premium processing in sept 2015 and got it approved till sept 2017 (along with I94)
   H1B is now approved , effective Oct 23'rd ,2015 . but got a I797B (i.e without I94).
   
   1. Does this mean that I am still on H4 visa ?
   2. Can my employer (company A) file for COS without having me to leave USA and come back after stamping? if so , is there premium processing in it?
   3. Can I change employer, I see an oppurutunity for a fulltime job in large company B ? i.e Company B file for my COS? will I be counted in the cap? As I haven't even
   started working for Company A, and don't have my SSN (as no I94 along with approved I797B) and hence no pay stubs too.
   
   your expert advice and guidance will be of great help.
Thanks,
panug

[jairichi]

1. Yes, you are on H4 status.

2. Yes, employer has to file a cap exempt H1B petition requesting for COS and has to pay H1B fee again. Yes, PP is available.

3. Without working for cap subject H1B employer there is no transfer.

[panug90]

Thank you jairichi, really appreciate the guidance you provide.

quick follow up questions.

how much is this H1B fee? and I guess PP fee would be 1200$  on top of it?

how much time i should be with this employer before i attempt a transfer?

[panug90]

Also, Cant Company B do a H1B amendment and do a COS for me? As I am already counted in the cap this year?

[jairichi]

Thank you jairichi, really appreciate the guidance you provide.

quick follow up questions.

how much is this H1B fee? and I guess PP fee would be 1200$  on top of it?

how much time i should be with this employer before i attempt a transfer?

H1B fee is employer's concern and so do not worry about that. Paying H1B fee is illegal. At least work for one pay stub and then initiate a transfer.

[jairichi]

Also, Cant Company B do a H1B amendment and do a COS for me? As I am already counted in the cap this year?

In 2014 USCIS had clarified that if one has not moved to H1B status with employer then beneficiary is no more cap counted. There is a lot of confusion about this. Check with an attorney.

[pearling]

I'm in similar problem. Got my h1 approved in may 2015 went to India and reentered US in h4. Applied For ssn in 1st Oct but not hot ssn till now.

Any idea What You Need To Do ?

[jairichi]

I'm in similar problem. Got my h1 approved in may 2015 went to India and reentered US in h4. Applied For ssn in 1st Oct but not hot ssn till now.

Any idea What You Need To Do ?

Was your H1B approved as COS? When did you re-enter US on H4? If approved as COS and you entered US on H4 after Oct 1st then you are on H4 status and so an SSN will not be granted. If you entered on H4 before 1st Oct then you are on H1B status and need to contact SSN office.