H4 to H1... work on Reciept ?

[kankur]

Hi

I need some clarification on my scenario.

I had my H1b from my employer A on which I worked until Dec 2015.
I left the country and reentered on H4 and I am currently on H4 since 2.5 months.

Now i got a opportunity with another employer B and he is filing my H1(out of cap) with premium with COS(as my current status is H4)

Query
1. How soon Can i start working with employer B.
2. Can I start on the reciept when the H1b transfer+COS application is filed,?
3. Do i need to wait untill the H1b+COS is approved..


Thanks

[raghvi]

Hi

I need some clarification on my scenario.

I had my H1b from my employer A on which I worked until Dec 2015.
I left the country and reentered on H4 and I am currently on H4 since 2.5 months.

Now i got a opportunity with another employer B and he is filing my H1(out of cap) with premium with COS(as my current status is H4)

Query
1. How soon Can i start working with employer B.
2. Can I start on the reciept when the H1b transfer+COS application is filed,?
3. Do i need to wait untill the H1b+COS is approved..


Thanks

Technically you can work on the receipt basis but its not recommended because if for some reason the H1 or COS is rejected, you would have no option but to leave US and re enter.

This is my opinion not legal advice.

[kankur]

Hi Raghvi,

Can you please let me know let me know is that not illegal to work on H4 even though my H1B with COS is filed with reciept, as my legal status is still H4 not H1 untill the final approval comes.

Also not sure how will that be a issue in case the H1B transfer with COS if rejected, why will I have to leave US and re-enter again ?

Technically you can work on the receipt basis but its not recommended because if for some reason the H1 or COS is rejected, you would have no option but to leave US and re enter.

This is my opinion not legal advice.

[raghvi]

Hi Raghvi,

Can you please let me know let me know is that not illegal to work on H4 even though my H1B with COS is filed with reciept, as my legal status is still H4 not H1 untill the final approval comes.

Also not sure how will that be a issue in case the H1B transfer with COS if rejected, why will I have to leave US and re-enter again ?

I agree, I was assuming that you were already on H1. An H4 cannot work unless the H1 is actually approved with a COS (an I-94 at the bottom of the I797).

This is my opinion not legal advice.