Immigration Issues/H-1B-H4-H1B again

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Question
Hi Ajay,
I was on H-1b and recently I was laid off. Then I converted to H4 . Now I got an offer and they are going to file my H-1B petition. Its like H1-h4-h1. But the thing is even though I belong to H-1b CAP EXEMPT, can I work with the receipt number as my attorney is telling that I can start working with the receipt number. This is under H-1B portability (AC-21). Also they are going to file under regular processing.
Can you please advise on this.

Answer
Hi,

Although you are not subject to the H1B visa cap even though you are currently in H4 visa status, you cannot legally work for the company until H1B petition is approved. The H1B portability rules which would have allowed you to work for the new company immediately upon filing of H1B (rather than waiting for H1B petition to be approved by the USCIS) are applicable only when you are currently in H1B status and extension of status is being requested by new employer.

You should request the new company to file H1B petition requesting change of status from H4 to H1B through premium processing, as the earlier the H1B petition is approved, the earlier you can legally begin working for the company.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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