New h4 to h1 and then H1bTransfer -- URGENT.

[divijaan]

hi

I had applied for h1b last year with a consultant. I was in India for vacation while my H1B was applied so i am not sure if my h1b is applied with COS or consular processing. And i am not sure if will be getting my i-94 in I-797 when my h1b is approved.

 

While awaiting status update on my RFE(more than 6 weeks since RFE replied) i have a full time job offer at a mid-size multinational company. I want to understand what are my options to get my H1b transferred to my new employer. 

 

I dont have my previous H1b approved yet and i am not in anyones payroll yet. 

 

Should i wait for my approval before i proceed with h1b transfer and What are the possibilities of my h1b transfer to be approved with COS from H4 to H1.

[pontevecchio]

The travel means no COS is possible. First make sure your cap subject initial H1 petition is approved. Then you can get a new job.

[jairichi]

 

hi

I had applied for h1b last year with a consultant. I was in India for vacation while my H1B was applied so i am not sure if my h1b is applied with COS or consular processing. And i am not sure if will be getting my i-94 in I-797 when my h1b is approved.

 

While awaiting status update on my RFE(more than 6 weeks since RFE replied) i have a full time job offer at a mid-size multinational company. I want to understand what are my options to get my H1b transferred to my new employer. 

 

I dont have my previous H1b approved yet and i am not in anyones payroll yet. 

 

Should i wait for my approval before i proceed with h1b transfer and What are the possibilities of my h1b transfer to be approved with COS from H4 to H1.

 

Even if your initial H1B petition was filed as COS it would be consular processing as you have traveled outside US. If this was your 1st cap subject H1B petition a new employer cannot file one without your initial petition approval.