H4-h1-h4-h1b cos Urgent pls help

[La211]

Hi all,

I came to usa on H4 .Got a H1 in 2008 and was on a project for 9 months & went back to H4 in 2009.

My h1b got expired in sep 2011.I am still in H4 till now.Now a consultancy is ready to sponsor my H1 in PP but client wants me to join in 2 weeks.My Lca's took 1 week to approve & receipt notice to get is taking 3 days.So can i join the client once i get the receipt number.Client will not wait for another 2 weeks.

When i see forums people are saying AC21 portability can be used since i had a H1b previously.And i can start on receipt number.

But I want to get confirmation on this as I know Joef & pontevenchio are soo good in guiding us correctly .

Pls let me know & I really appreciate all the help that you all are doing for the community.

God bless you,

Thanks,

latha.

[Attorney_10]

USCIS has stated that H1B portability under INA 214(n) does not apply to a beneficiary seeking a change of status to H1B. USCIS has clarified that only beneficiaries who are currently on H1B status and changing employers may begin working for the new employer while the petition is pending. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether you may begin working with the receipt notice and/or the immigration consequences of doing so.