Urgent: Need help on H1 status question

[radduri]

Guys,

I would appriciate if some one could answer this question.

My Question:

I got stamped a B1 and H1 on my passport. my H1 valied still July 2010 but not yet came here on H1 status(No pay stubs). Now i am US came on B1 status for 3 months trip and got extended 3 more months. In these period my client was satisfied with my work and asked me to join in his company. He said he will apply for a new visa for me. But I heard if he apply for a new visa also its valied from Oct 2010 only so I told him that I can come back on H1 with my previous employeer and work for you 3 month and then i can transfer my visa to your company but I think he was not intrested on this option. So could some one help me to find any other way to work immidietly on his payroll.

Thanks,
Ram

[shervin143]

The client can apply for a new H1B on the current CAP as a consular process (Since you are already CAP counted). Not advisable to apply for the a COS from B1 to H1B. That might create issues later. When approved, you can go out of the country and re-enter with the new H1B petition on the existing H1B visa. Since you never worked on H1B before, there is no need for pay slips.

[radduri]

Urgent: Need help on H1 Transfer

The new H1 petiotion will be valied from Oct 2010 right? still I can use that petition when i re-enter to this contry?

[shervin143]

No need to wait till October since you are already CAP counted.