Can employer transfer my current H1B while I am on H4 initial review?

[deepthi17d]

Dear All,

I was on H1B extension, resigned my job due to various reasons.
I have recently applied for H4 and it is still in initial process, applied for H4 on May 13, 2014.

Got a job and joining date is July 7th, Company is ready to sponser.

My question is : In my case, is it a new H1B filing or just a H1B transfer where they would attach H4 receipt while filing the H1B transfer?

Please let me know if you need any additional information to clarify my doubt.

[raghvi]

Dear All,

I was on H1B extension, resigned my job due to various reasons.
I have recently applied for H4 and it is still in initial process, applied for H4 on May 13, 2014.

Got a job and joining date is July 7th, Company is ready to sponser.

My question is : In my case, is it a new H1B filing or just a H1B transfer where they would attach H4 receipt while filing the H1B transfer?

Please let me know if you need any additional information to clarify my doubt.

Did you apply for COS to H4 before your last pay day on H1?

Your next employer cannot merely apply for h1 transfer based solely on H4 receipt. They need to await for approval of H4 before filing a H4 to H1 COS for you.

This is my opinion not legal advice.

[deepthi17d]

Did you apply for COS to H4 before your last pay day on H1?

Your next employer cannot merely apply for h1 transfer based solely on H4 receipt. They need to await for approval of H4 before filing a H4 to H1 COS for you.

This is my opinion not legal advice.

My lawyer said current employer can do H1B based solely on H4 receipt. However, my question is .. is it a H1B transfer or a new H1B... is cost any different for filing?