H1B to H4 and then back to H1B-URGENT

[desi3933]

Originally Posted by roseball

It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

Incorrect!

Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.

_______________________
Not a legal advice.
US citizen of Indian origin

[maharshijb]

Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....

[rockstart]

I agree with your lawyers statement. She will not be counted against the quota because she already has H1. Also I would recommend premium processing when she gets a job.

Originally Posted by Eveready

Well i just sent a message to my lawyer and this is the reply i received.

"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

Pls comment

[ajp5]

Originally Posted by roseball

It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.

[kpkrind]

My spouse was on h1 earlier, she is now on h4, however her h1 petion is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh H1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?