H4 to H1 transfer using valid H1B petition

[yoda123]

Hi,

I am currently employed with company A and have my H1B petition valid until Dec 2012. I applied for personal leave in my company in Jan 2012. I traveled back to India and got my H4 stamping done using my husband's petition. I checked with Company A, and they told me that they have not cancelled my visa; and I can join them once my Change of Status is approved. Now, company B is offering me a job. Here are my questions:

1. Should company B file for H1 transfer and Change of Status for me? If so, what would be the sequence or process for it?

2. Since I don't have the recent pay stubs, would it be an issue for my H1 transfer?

Kindly provide your thoughts.

Thanks!

[kabkaba]

In order to get change of status you must be maintaining your current status. If you return to the US in H4 status, any employer can file change of status from H4 at any time. (Your spouse must be maintaining H1 status and you will need evidence of that).
If you are currently not in the US, all you need is a valid H1 Visa and a valid H1 petition to return to US in H1 status.

[yoda123]

Thank you for the clarification!

I am currently in US with H4 status. I will ask my new employer for COS and H1 transfer to be filed.

1. Can I join work once I get the receipt notice (Premium processing at USCIS) or should I wait until the approval of COS and H1 transfer?

2. Also, I am hoping that I don't need the visa stamping to start working in US on the new H1 petition. Is my understanding correct?

Thanks!

[kabkaba]

Thank you for the clarification!

I am currently in US with H4 status. I will ask my new employer for COS and H1 transfer to be filed.

1. Can I join work once I get the receipt notice (Premium processing at USCIS) or should I wait until the approval of COS and H1 transfer?

--- You will need to wait until the COS is approved and after approval you must start working.

2. Also, I am hoping that I don't need the visa stamping to start working in US on the new H1 petition. Is my understanding correct?

--- Yes. You will only need to obtain a Visa whenever you leave the US.

Thanks!

See above.