H4 to H1 COS doubt.

[mathewto]

Hi,

I came to US around 8 months back in H4 visa. We then applied for H1 through a consultancy . Now my H1 has been approved and hence I'll be eligible to start working from October 1st. Also since it was COS from H4 to H1, I would not need to go for stamping (unless and until i leave the country).

My query is, will it be possible for me to join a new firm right now (ie after October 1) without having to work for the consultancy with whom i hold my current H1 visa?

[raghvi]

Hi,

I came to US around 8 months back in H4 visa. We then applied for H1 through a consultancy . Now my H1 has been approved and hence I'll be eligible to start working from October 1st. Also since it was COS from H4 to H1, I would not need to go for stamping (unless and until i leave the country).

My query is, will it be possible for me to join a new firm right now (ie after October 1) without having to work for the consultancy with whom i hold my current H1 visa?

No. The reason being, from 1st Oct onwards you must work for the employer who filed your H1 and get paid by them. If you dont do that you go out of status. The other way would be to get another employer to file a cap exempt H1 and get it approved before 01-Oct-2014, seeing the shortage of time it may not be possible to get this done by Oct 1st.
Of course, you can always leave US before 01-Oct-2014, and return after 01-Oct-2014 on your existing H4 visa (if valid), this will nullify the H1 COS.
To Sum up you have 3 choices:
1. Work for the consultancy from 01-Oct-2014 onwards for a few months, get paid as per LCA and then file for transfer.
2. Find another employer willing to file cap exempt petition and hope that it gets approved before 01-Oct-2014.
3. Leave US before 01-Oct-2014 and return on H4 after 01-Oct-2014, and then later find another employer to refile a COS from H4 to H1.

This is my opinion not legal advice.