H4 to H1

[mojoStream]

Hi,

I am currently in the US with H4 visa. I have an approved H1B (2010-2012) but I didn't used it in coming to the US since the sponsor didn't give the go signal. Anyways, I found a new employer (direct-hire) and wanted me to start asap.

My question is can I transfer my approved H1B to this new employer and start right away or I will be considered for 2012 quota and will start on Oct. 1?

[thisisnaveen]

it will be considered COS and can start right away, but to my knowledge i think you need paystubs from current employer........

[mojoStream]

hi, thanks for the reply.

but in this case I haven't even used my H1B so didn't really worked. would the pay check requirement be waived?

[pontevecchio]

You can start on approval of the H1 petition with COS. You can join on receipt if the Lawyer for the company tells you it is OK. You will need to provide your spouses stubs to prove valid H1 status. You would obviously not have any stubs in your name.

[saintforlife]

My wife is in exactly the same position. Her H1B petition was approved in 2008 and is valid till Sep 2011. The only change is she applied for a CoS to H1 last year after she got a job offer but the Cos was denied because the client would not give an end client letter.

Questions:

1) If my wife finds a new job now and stays with the same employer (her consultant) can she apply for a CoS again and start working right away?

2)If she changes her employer and finds a new consultant to file for a fresh H1b for her, does she have to be counted against the cap again and wait till October to be able to work?

[h1bdropbox]

Hi,

I was working on H1B until Feb 2011, then went to India and came back on H4 in June. I got another offer and my employer filed my H1 petition papers along with COS, and informed that I can start work on getting the receipt from USCIS. So I started work last week and filled I9 form with the I94 number from H4. My employer filled this using e-verify and received a TNC (Tentative Non-confirmation). I am contesting this, but need to confirm if anyone faced any issue and whether or not I did anything wrong. Please let me know.

Thanks.