H4 to h1b cos can i work from receipt date

[h4toh1bCOS]

Hi,
I have been on h4 since June 2009 and recently got the employer so was ready to file for H4 to H1b . Since I was selected in the lottery in the year 2008 I have cap exempt .
My case is as follows
1. Got the client project and employer filed for the COS in the month of Jan and told me that I can start working for the client.
2. Since I started working , now recently we got the RFE relating to Employee-Employer relation since the end client is not the direct client for my employer we need to provide other documents .
3. The employer will be sending the response by next week , and he asking me to send the project details , along with my client id card and other things.

Now my question is
1. Since I was told that I can work since USCIS has received the case. Is it legal to work while the case is pending.
2. I am not willing to provide the id card and other details as if it's illegal it might be bad for my future.

Kindly let me know what are the possibilities for my case.
Shall I send the id card and other client details to show that I am working and client is valid or shall I just send other details like SOW , agreement.
It will be really gr8 if somebody can answer me earliest.

[sk4ih]

- You can only work after CoS is approved, not before that.
- SOW and contract should be enough.

[h4toh1bCOS]

Thanks alot

Hi
Thanks a lot for your reply.
i also have once more doubt that i enquired the same to by employer lawyer and they are saying that i can work under h1b AC21 provisions since i already had h1b before.
Please throw some light on it as I dont wont to continue if it's illegal.

Thanks

[shervin143]

Until the H1B gets approved, your status remains H4. H4 is not supposed to work. If your current status is H1B and if you have filed a transfer, then it is okay to work on that receipt notice. Not when you do a COS from H4 to H1B.

Hi
Thanks a lot for your reply.
i also have once more doubt that i enquired the same to by employer lawyer and they are saying that i can work under h1b AC21 provisions since i already had h1b before.
Please throw some light on it as I dont wont to continue if it's illegal.

Thanks

[coollife]

h4toh1bCOS,

Even I heard the same from my employer. Is your employer running the pay stubs for you?

shervin143,

If its not legal to work this way, what would be the consequences one would face (both the consultant and the employer)?

Also, my employer was saying that working when the COS is in process is 100% legal (Specially in the case described by h4toh1bCOS) and they won't entertain anything illegal as this would not effect just the consultant rather it would be a big issue for the employer as well.

Thank you.

[shervin143]

If you need more clarification, then you should consult a good immigration attorney. Unless the status changes to H1B (Permit to work) one cannot work. If that is the case, then when people file fresh H1B in the month of April, they should be allowed to work immediately. Why would have have to wait until Oct (Effective H1B date) to start working?

If you work on H4 (When you are not supposed to), then you may face issues with your extension, future visa stamping and GC. Also, you need a valid LCA to work. How did they manage to get an LCA when you are in H4? Do you have an LCA?

h4toh1bCOS,

Even I heard the same from my employer. Is your employer running the pay stubs for you?

shervin143,

If its not legal to work this way, what would be the consequences one would face (both the consultant and the employer)?

Also, my employer was saying that working when the COS is in process is 100% legal (Specially in the case described by h4toh1bCOS) and they won't entertain anything illegal as this would not effect just the consultant rather it would be a big issue for the employer as well.

Thank you.

[coollife]

> If that is the case, then when people file fresh H1B in the month of April,
> they should be allowed to work immediately. Why would have have to wait
> until Oct (Effective H1B date) to start working?

Even I asked the same q to my employer and he said that would be the case as they don't have the H1 petition with them. But, in our case we already have a H1 petition in hand. This is what is the response I got from him.

> Also, you need a valid LCA to work. How did they manage to get an LCA
> when you are in H4? Do you have an LCA?

My employer has already applied for the LCA.

One basic q I have is that, if this is the case with all H4-H1 COS, I feel it would be an impossible task for anyone on H4 (who has a H1) to join the job, as the COS will usually take atleast 2 mnths for normal processing and no client would wait for 2 mnths after giving the offer and employers usually wont prefer doing premium processing.

Not trying to support or hurt anyone, but just expressing my thoughts. whatever it is, I am in a total confused state as whats happening

[shervin143]

[QUOTE=coollife;193402]> If that is the case, then when people file fresh H1B in the month of April,
> they should be allowed to work immediately. Why would have have to wait
> until Oct (Effective H1B date) to start working?

Even I asked the same q to my employer and he said that would be the case as they don't have the H1 petition with them. But, in our case we already have a H1 petition in hand. This is what is the response I got from him.

>>> So you already have the H1B petition without it being approved by USCIS? Wow!

> Also, you need a valid LCA to work. How did they manage to get an LCA
> when you are in H4? Do you have an LCA?

My employer has already applied for the LCA.

One basic q I have is that, if this is the case with all H4-H1 COS, I feel it would be an impossible task for anyone on H4 (who has a H1) to join the job, as the COS will usually take atleast 2 mnths for normal processing and no client would wait for 2 mnths after giving the offer and employers usually wont prefer doing premium processing.
>>> Well, that's the reason why they have the premium processing. The H1B petition fee need to be paid by the employer. However, the premium processing fee can be paid by you.

[coollife]

Even I asked the same q to my employer and he said that would be the case as they don't have the H1 petition with them. But, in our case we already have a H1 petition in hand. This is what is the response I got from him.

>>> So you already have the H1B petition without it being approved by USCIS? Wow!

Didn't get what you meant. My H1B was filed in 2008 when I was in India and it got approved.

One basic q I have is that, if this is the case with all H4-H1 COS, I feel it would be an impossible task for anyone on H4 (who has a H1) to join the job, as the COS will usually take atleast 2 mnths for normal processing and no client would wait for 2 mnths after giving the offer and employers usually wont prefer doing premium processing.

>>> Well, that's the reason why they have the premium processing. The H1B petition fee need to be paid by the employer. However, the premium processing fee can be paid by you.

Yeah, you might be right. When I asked my employer to do the premium processing, he said that it would be tough to handle the RFEs, as the time given to submit the proofs would be too less

[l1toh1cos]

Same Case

Hey,

I am in the same boat, I have approved H1B from 2008 and working on L1b till dec. applied for transfer with COS.

my Attroney...(who is part of AILA and was involved in USCIS fraud detection team... also told us that I can work on receipt for new h1b employer while COS is pending......

any I have LCA and paystubs...my employer is running pausyubs for me...

did anyone got approval from USCIS in this scenario..?

coollife:? or h42h1bcos.?/

[utirn]

H4 to H1B COS

Hi,

I was on H1 and then moved to H4. Now I am trying to get back to H1.
Is the H1 petition approval enough or are there two processes of H1 approval and COS approval separately ?

I am confused becoz as per my employer, if my H1 petition gets approved, it means that my status changes from H4 to h1.

Please advice as my employer wants me to join soon and I want to do everything legally.

regards,
Utirn

[shervin143]

That depends on how your employer files the petition. When you are already in U.S, your employer can file the H1B petition with COS form H4 to H1B and when approved, you can start working. Your approved petition will come with a new I-94 (I-797A). If the approved petition doesn't come with a new I-94, then it is a consulare process (I-797B). In which case, your status remians H4. If you give your employer a copy of your existing H4 I-94 then they can file the H1B petition as a COS from H4. Upon approval of the petition, you need to start working immediately and get paid to maintain the H1B status.

Hi,

I was on H1 and then moved to H4. Now I am trying to get back to H1.
Is the H1 petition approval enough or are there two processes of H1 approval and COS approval separately ?

I am confused becoz as per my employer, if my H1 petition gets approved, it means that my status changes from H4 to h1.

Please advice as my employer wants me to join soon and I want to do everything legally.

regards,
Utirn

[saisri306]

Please share your experience

Anyone who applied in this scenario,please share us your experiences it will help others.

Thanks in advance.