M***6
发帖数: 410 | 1 I got laid of over a month ago so I had to change my status from H1 to F2,
my husband's dependent. Fortunately I found another job a few weeks ago and
the new employer agreed to sponsor me H1 however it has taken them a long
time to prepare the paper work and they finally will be submitting all the
documents to USCIS this Friday for H1 transfer.
My online status shows that my F2 application has been approved and mailed
to me on Nov 4( I haven't received it yet).
At this point, can they still do H1 transfer, which means as soon as they
submit everything to USCIS I can start to work for the new employer. If not
, do they need to submit H1 application to change my status from F2 to H1,
which means I cannot work until it's approved? Thanks. | S*******r
发帖数: 11017 | 2 It seems that I was wrong before:
http://www.avvo.com/legal-answers/h1-h4-h1-conversion--can-i-wo
Once you cease employment with your H1B employer, your H1 status effectively ends as well, and the employer is obligated to report the termination of H1 employment. You can port an H1B (i.e., begin work with the new employer while the change of employer petition is pending with USCIS) only if you filed for the change of employer while on a "currently valid H1B" and you would need to show a recent paystub to prove the currency of the old H1B. In your instance, you would not be able to port the old H1 and would need the new H1 to be approved before you can start employment with your new employer. If you filed under premium processing, you should get an answer within 15 business days and so could start very soon anyway. All the best.
Elizabeth C. Surin, Esq.
www.msgimmigration.com
========================
But I remember that you don't have to count against the yearly cap of H1B if you used to be H1B before. Someone please confirm. | t****g
发帖数: 35582 | 3 从法律上说，没有H-1B transfer这个东西。
只要你用H-1B在一个新公司开始工作，就是一个新的H-1B申请，即使你原来也是H-1B。
区别就是如果你以前也是H-1B status，你可以在收到receipt就在新公司上班，无须等
到批准。但是其他的情况，你必须等到approval notice。正因为如此，大家把这它误
传成H-1B transfer，其实根本不是把H-1B从一个公司transfer到另一个公司。
你这种情况，F身份转换已经完成，再变成H-1B就是F2 -〉H-1B了，必须等到approval
notice。否则就是非法工作了。
and
not
【在 M***6 的大作中提到】
: I got laid of over a month ago so I had to change my status from H1 to F2,
: my husband's dependent. Fortunately I found another job a few weeks ago and
: the new employer agreed to sponsor me H1 however it has taken them a long
: time to prepare the paper work and they finally will be submitting all the
: documents to USCIS this Friday for H1 transfer.
: My online status shows that my F2 application has been approved and mailed
: to me on Nov 4( I haven't received it yet).
: At this point, can they still do H1 transfer, which means as soon as they
: submit everything to USCIS I can start to work for the new employer. If not
: , do they need to submit H1 application to change my status from F2 to H1,
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