Premium processing - H4 to H1 Issue


madhavi84

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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

 

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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.

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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 

 

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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.

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  • 1 year later...
  • 5 weeks later...
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

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