H4 to H1 Transfer

[mlpathir]

Hi,

My sister is in US on H4 (dependent) visa since Nov-2010.

Now, she got a job opportunity and so filed for H4 to H1 transfer through a consultancy under premium process.

She also got her H1 receipt and so started going to work with end client.

Being on H4, can someone work with H1 receipt even before H1 gets approved?

[pontevecchio]

The new position by USCIS is that in cases like hers approval is mandatory first. She should stop working till the petition is approved.

[JoeF]

She can not work just with the receipt.

She absolutely has to wait for the H1 approval! She needs to stop working immediately, until the H1 is approved!

[JoeF]

The new position by USCIS is that in cases like hers approval is mandatory first.

Actually, in this case, it was never possible to work just with the receipt. It used to be possible if the person had an H1 before changing to H4. The OP doesn't say anything about that.

If this is the person's first H1, it was never possible to start working just with the receipt.

[pontevecchio]

"It used to be possible if the person had an H1 before changing to H4"

FYI this is no longer the position of the USCIS . Even if one was in H1 status and moved to H4 status and wants to go back to H1 status they are not covered by AC21 portability and have to wait for approval evn if is the nth H1.