H1-H4-H1 visa

[chandrashilp]

Hi,

I came to US on H4 and got my H1 in Oct 2007. I had my H1 visa from Oct 2007 to May 2009. Then I converted it back to H4 in May 2009. Now I have got a project in NC and one company in NJ is ready to file my H1 in premium processing. Client wants to me to join after one week. So my question is,

Can I start working after getting my H1 receipt or I have to wait till I get my H1 approval?

Will I get advantage of H1 portability as I had H1 earlier?

What is the authorized stay for H1 portability for the cases of H4 -h1 (3 years or 6 year) ?

Appreciate any urgent help in this regard.

Thanks.

[shervin143]

You cannot work until your status changes from H4 to H1B. Ask the employer to file the H1B in premium.

Since you were on H1B earlier, the new employer can file the h1B petition using the CAP from the previous approval notice and request an immediate start date (No need to wait until Oct 1st). Each CAP is valid for 6 year. So, 6 years minus whatever time that is already spend in H1B (+ L1) status will give you the remaining period available to you in H1B.