H4 to H1B (H1b transfer +COS) ... Earlier had a H1B


priank26

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Hi 

I need some clarification on my scenario.

 

I had my H1b from my employer A on which I worked until Dec 2015.

I left the country and reentered on H4 and I am currently on H4 since 2.5 months.

 

Now i got a opportunity with another employer B and he is filing my H1(out of cap) with premium with COS(as my current status is H4)

 

Query 

1. How soon Can i start working with employer B.

2. Can I start on the reciept when the H1b transfer+COS application is filed,?

3. Do i need to wait untill the H1b+COS is approved..

 

 

Thanks

 
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the attorney from a current employer says that you can join on the H1 petition transfer application with COS reciept number, as there is no where wrintten in the law that i cannot work. The only thing they would do is not start the employment payroll process until H1b Approval. And the client i would be working is one state client. 

 

Can anyone is it all allowed and legal ?

Can i start working in this scenrio  on rciept ?

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You are reaching now. It is a rule that you can join a H1 sponsor while in H1 status while waiting for approval. A person in H4 status cannot start work before approval. It is very naughty of the paralegal to claim working without pay or payroll is considered "not working" Tell them to use PP and join on approval. Hopefully not a desi company?

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