H4 - h1 concern

[ankita2101]

Hi,

I got married in April 2008 and came To US on H4 visa. I got my H1b approved and got it stamped in Dec 08 (India). I worked for 3 months (Jan - Mar) and then lost the project in April so I went back to India in May and reentered on H4. I have valid H1 visa on my passport but my H4 has expired in Aug 09 and have got the extension approved until 2012. Now what are the options I have to start to work again.

If I get any Full Time position in another company then how can I start working with them. Do I need to do COS to H1 before applying for H1 transfer with new employer.

1. Can both the things be done together in US itself or I will have to first apply for COS and then H1 transfer once COS is approved but this can be really time consuming?

2. If I go out of the country (Canada) and try to renter US on H1. Will that be a safe process as I will not have any letter from my current employer. I will have just 797 and Visa on my passport even I do not have any valid H4 on my passport. Can I show the employment letter from my new employer at POE in case if asked?

Please acknowledge

Thanks.

[ankita2101]

Seniors Members,

Pl. respond to my concern and give me the possible options.


Thanks,

[shervin143]

If I get any Full Time position in another company then how can I start working with them. Do I need to do COS to H1 before applying for H1 transfer with new employer.

1. Can both the things be done together in US itself or I will have to first apply for COS and then H1 transfer once COS is approved but this can be really time consuming?

>>>>> These are not two different processes. You can do this from within the country. When your COS from H4 to H1B is approved (If the approval comes with a new I-94), you can start working for the new company.

2. If I go out of the country (Canada) and try to renter US on H1. Will that be a safe process as I will not have any letter from my current employer. I will have just 797 and Visa on my passport even I do not have any valid H4 on my passport. Can I show the employment letter from my new employer at POE in case if asked?

>>>>> You cannot use your previous company's I-797 approval notice to re-enter U.S if you are not working for that company anymore.

[ankita2101]

Thanks for the repsonse.
Does this mean if the COS comes with new I 94 then I do not need to go for H1 transfer and I can immediately start working with new employer.

How long COS takes to get approved? Does this process requires to be initiated from the employer who holds my H1 or even I can initiate the process on my own without involving the employer.

[shervin143]

Does this mean if the COS comes with new I 94 then I do not need to go for H1 transfer and I can immediately start working with new employer.

>>>> Yes

How long COS takes to get approved?

>>>> The processing time varies because all cases are different. Generally it takes between 2-3 months. Also, it depends on which center is processing your application. For current processing time, check the USCIS web site.

Does this process requires to be initiated from the employer who holds my H1 or even I can initiate the process on my own without involving the employer.

>>>> Your new employer need to initiate this process.

[ankita2101]

Thanks for the information. I really appreciate.

Does this mean the employer who actually filed the visa does not have any role to play if I choose to work with another employer?

Can we reduce the processing time by applying for Premium processing?

Thanks,

[shervin143]

Does this mean the employer who actually filed the visa does not have any role to play if I choose to work with another employer?

>>>>> Yes

Can we reduce the processing time by applying for Premium processing?

>>>>> Yes