madhavi84 Posted March 28, 2017 Report Share Posted March 28, 2017 Hello All, I was on H1b status in USA until Aug 2016. Due to maternity, i went back to INDIA in Sep 2016 and came back to USA on H4 Visa. I thought of converting to H1b after getting project. After long wait, I got one opportunity after attending F2F interview on Feb 26, 2017 and after 2 days they conformed the opportunity. This is my scenario, Desi consulting company submitted my resume to client through implementer partner. Desi company told that we can move forward with premium process to convert H4 to H1B. Now the issue is Implementer company is merging with different company, then name changes by 03/31 - They are not ready to provide Client letter. Implementer provided the joining date March 27 through Email but my employer requested for April 14. As we are aware premium processing stops on April 03. My Questions are : 1) If Desi company apply for H1b without premium, Can i start working at Client location with receipt number ? (Just to remind my scenario status change from H4 to H1... ) 2) If Desi company apply for H1b before April 3 in premium, If RFE arises, the implementer name differs. Can i expect any problem with this? Regards, Madhu Link to comment
madhavi84 Posted March 28, 2017 Author Report Share Posted March 28, 2017 Any response will be greatly appreciated since this is a time sensitive matter! Thanks Link to comment
shekar11# Posted March 29, 2017 Report Share Posted March 29, 2017 On 3/28/2017 at 0:21 PM, madhavi84 said: Hello All, I was on H1b status in USA until Aug 2016. Due to maternity, i went back to INDIA in Sep 2016 and came back to USA on H4 Visa. I thought of converting to H1b after getting project. After long wait, I got one opportunity after attending F2F interview on Feb 26, 2017 and after 2 days they conformed the opportunity. This is my scenario, Desi consulting company submitted my resume to client through implementer partner. Desi company told that we can move forward with premium process to convert H4 to H1B. Now the issue is Implementer company is merging with different company, then name changes by 03/31 - They are not ready to provide Client letter. Implementer provided the joining date March 27 through Email but my employer requested for April 14. As we are aware premium processing stops on April 03. My Questions are : 1) If Desi company apply for H1b without premium, Can i start working at Client location with receipt number ? (Just to remind my scenario status change from H4 to H1... ) 2) If Desi company apply for H1b before April 3 in premium, If RFE arises, the implementer name differs. Can i expect any problem with this? Regards, Madhu 1. You can work on receipt. 2. No issues. You just need to reply RFE with the docs requested. Link to comment
madhavi84 Posted March 29, 2017 Author Report Share Posted March 29, 2017 Thank you Shekar for your reply.. My Employer and his attorney saying that i cannot work until H1b approval - They have postponed the joining date - Client is not happy with it. My Employer Attorney said that only H1b to H1b (Same status) i.e, H1b Transfer can work on H1b receipt. H4 to H1b need to wait until H1b approval to work at Client location. This is Right or Wrong? Regards, Madhu Link to comment
rohang Posted March 29, 2017 Report Share Posted March 29, 2017 5 hours ago, shekar11# said: 1. You can work on receipt. are you sure? i don;t think you can work on receipt when its h4->h1 cos. Link to comment
Ask@Murthy Posted March 30, 2017 Report Share Posted March 30, 2017 On 3/28/2017 at 4:33 PM, madhavi84 said: Any response will be greatly appreciated since this is a time sensitive matter! Thanks As far as I know H4 to H1 COS needs to approved and cannot work with receipt notice and it is not like h1 transfer Link to comment
rohang Posted March 31, 2017 Report Share Posted March 31, 2017 15 hours ago, Ask@Murthy said: As far as I know H4 to H1 COS needs to approved and cannot work with receipt notice and it is not like h1 transfer i agree. Link to comment
pontevecchio Posted March 31, 2017 Report Share Posted March 31, 2017 A person in H4 status cannot start work till the H1 petition with COS is approved. This has been so for the last few years. Link to comment
shekar11# Posted March 31, 2017 Report Share Posted March 31, 2017 On 3/29/2017 at 4:19 PM, madhavi84 said: Thank you Shekar for your reply.. My Employer and his attorney saying that i cannot work until H1b approval - They have postponed the joining date - Client is not happy with it. My Employer Attorney said that only H1b to H1b (Same status) i.e, H1b Transfer can work on H1b receipt. H4 to H1b need to wait until H1b approval to work at Client location. This is Right or Wrong? Regards, Madhu Sorry. I missed your change of status scenario. Your H-1 needs to be approved for you to begin work. Link to comment
Sara2488 Posted August 13, 2018 Report Share Posted August 13, 2018 Hi Madhavi, Have you got your H1B approved ? I am sailing in the same situation now and your update would really be helpful. Thanks. Link to comment
Raj-usa Posted September 12, 2018 Report Share Posted September 12, 2018 On 8/13/2018 at 11:41 AM, Sara2488 said: Hi Madhavi, Have you got your H1B approved ? I am sailing in the same situation now and your update would really be helpful. Thanks. Hi Sara,may I know the status, Iam in the same boat, also if I loose the job by the time i get h1 approved, how long can I stay on H1 without payroll and what are my options Thanks Link to comment
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