Immigration Issues/H1 b transfer

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Question
QUESTION: I have approved H1b (under MS quota) with effective date as
1st Oct 2007.My OPT is valid till 30th September 2007 and
the same company where I am working since December 2006 applied and got the H1b for me.My H1b approval is with new
I 94 but without COS.My questions are :
1.Can I continue in the job in the same company under H1b
 status eff 1st Oct and get the stamping in my passport
 after few months when I travel out?
2.Is there any time frame within which I should complete
 the stamping?
3.Will I have valid H1b status effective 1st Oct based
 on the I 797 approval with fresh I-94 even when the
 stamping is not done ?

Looking for your early answer please. Thanks

Bala

ANSWER: Hi,

If there is an I-94 attached to the bottom of the H-1B approval notice, you have been granted "change of status" and therefore you can continue working for the employer without interruption. You do not have to depart the U.S.

You may have received a "courtesy copy" version of the H-1B approval notice which states that change of status has been granted, but there is no I-94 attached to the bottom of the approval notice. Please see the employer about the original H-1B approval notice with I-94 attached to the bottom.

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

---------- FOLLOW-UP ----------

QUESTION: Thanks for the feed back.
1.Can another employer apply for transfer of this H1B approval NOW without my getting stamped?
2.Is there any time frame within which I shoud travel
out and get the stamping?

Answer
Since you have been granted change of status to H-1B, you can transfer your H-1B to another employer (the new employer must file an H-1B petition for you in order to change employers). You do not need to depart the U.S. since you are legally in the U.S. and a valid visa is required only for entry to the U.S. from travel abroad.

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

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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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