H1 Approved but job did not start

[visavictims1]

Hello Members and Administrators

I understand that the questions I have are not new, but I am trying to find precise answers/solutions to my situation. Your help is highly appreciated. Thanks in advance.

1. Been on OPT untill 2010 Dec
   
2. Went back to India and started working immediately in India for 1 year.
   
3. March 2012 - Traveled to the U.S on H4 Visa.
   
4. Company in India applied for H1 Visa in April. Approved in August (2012)
   
5. Company also applied COS from H4 to H1 along with Visa application.
   
6. Company gave up on Job and says there is no job present at this point. No appointment letter, No Salary.
   
7. Currently looking out for new opportunities
   

Questions:

1. Old Company does not pay me at all. New Company applies for a H1B in the 4th week of October. - Is this scenario acceptable? What are the risks if you know any. (I will start working for the new company from 1st Nov)
   
2. Old company does not pay me at all. New Company applies for a H1B in Nov 3rd Week. I start working for the New Company from 3rd Week of Nov. - Is this scenario acceptable? Please shed some light if I am sounding stupid.
   

Thank you!

[pontevecchio]

Evil is powerful when good men and women are silent. Complain to the DOL about that company and then have another company file your H1. Hopefully not one of the big five.

[visavictims1]

Hello again!

I've applied for a change of status (COS) from H1 to H4 on Oct 30th. A new employer (I got a project through them with an end client), is willing to apply for H1 Transfer (Premium Processing) on Nov 12th.

Do I have to revoke the COS application for H4? Or, can I continue to have it until my H1 transfer has been approved and then revoke it? Will that H4 COS application have any affect in the H1 transfer procedure?

Can I start working with the new employer immediately after they file my H1 transfer (assuming my H4 COS is still pending)

Please advise. Thanks in advance!

[pontevecchio]

Given the time frames a Good Lawyer may be able to help you. Talk to the firm of Murthy or any of your choice and SOON.