Immigration Issues/H1-H4-H1?

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Question
Hello

Thanks for your advice in advance..

I recently (last month)filed for COS from H1 to H4. My case is pending. Now I have a job offer, and I would like to take it up..
My questions are:
1. Can I have my new employer sponsor my H1 even before my COS to H4 is approved? (New H1 would be cap exempt since I have used up just a few months of my H1)

2.How soon can I start working for this new company?

3.As my H4 is not approved yet, will the filing for new H1 be treated as COS from H4 to H1? or will it be a H1 transfer?

4.What supporting documents would I need to provide to initiate this H1?

Thanks..
Neha

Answer
Neha,
Your employer can file for your H-1b even if you have a pending H-4 application. The employer needs to bring to the USCIS attention that you currently have a H-4 pending. The USCIS may approve the H-4 and then the H-1. The documentation is similar to the one you provided for your current H-1B.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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