bubaipuchi Posted November 22, 2011 Report Share Posted November 22, 2011 I was on H-1B for 3 years, then lost my job. H-1B was revoked by employer as they transferred me to H-4. Been on H-4 for 2 months now. I now have an offer of employment. Will the new H-1B be subject to yearly cap? When new H-1B is filed, can I start working on the day the application is received by USCIS or the day the application is approved? Thank you. Link to comment
JoeF Posted November 23, 2011 Report Share Posted November 23, 2011 You are not subject to the quota. You can only start working when the H1 is approved. Link to comment
hpagey Posted November 23, 2011 Report Share Posted November 23, 2011 You will not be counted against the quota. but, you have to maintain legal status until your H1 comes through. Link to comment
sivad Posted November 23, 2011 Report Share Posted November 23, 2011 If you are on H4 till you get the receipt then you are good to start working for the new job... Link to comment
JoeF Posted November 24, 2011 Report Share Posted November 24, 2011 If you are on H4 till you get the receipt then you are good to start working for the new job... Sorry, but that's no longer true. A person not on H1 nowadays has to wait for the H1 approval to start working. Link to comment
sivad Posted November 24, 2011 Report Share Posted November 24, 2011 right but if they file transfer then one can work with receipt Link to comment
JoeF Posted November 24, 2011 Report Share Posted November 24, 2011 right but if they file transfer then one can work with receipt If the person currently is in H1 status, and a new employer files a new H1 for the person (there really is no such thing as a transfer), then the person can start working for the new employer just with the receipt. That does not apply to the OP, though, since the OP is in H4. So, the OP has to wait for the H1 approval. Link to comment
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