New H1 - How soon can I start?

Old Apr 10th 2001, 11:55 am
Mani Kulasooriya
Posts: n/a

Dear Visa Gurus:

I was on an H1 visa until June last year. I then quit my job to do my own thing and
changed my status to H4 (my wife is on an H1). I would now like to go back to work. I
have the option of going to my last company or accept a couple of other offers that
are on the table.

1. My question is, do I have to apply for a whole new H1 visa for my new job or can I
change status again from H4 to H1? Both my visas are still valid on my passport.

2. When can I start working? Is it when the INS has received my paperwork and issued
a receipt? Or do I have to wait for the actual I-797?

Any advise would be appreciated.
Old Apr 12th 2001, 12:40 pm
Michael E. Piston
Posts: n/a

1. To change status in the U.S. you would have to file another I-129. However, if you
have an unexpired multiple entry H-1B visa and notice of approval, you may be able
to get back into H-1b status by leaving the U.S., crossing the border into Canada,
then turn around and make a new entry into the U.S. as an H-1B, which should
entitle you to a new H-1B I-94 and immediate H-1B status. However, this will not
work if your employer notified INS that you were no longer working for it and INS
revoked its petition upon your behalf.

2. If you meet the portability requirements of Section 105 of AC21 you may start
working as soon as your H=1B petition is filed and your LCA certified.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration
officials or other attorneys may disagree. This is not legal advice and is provided
on the understanding that no attorney-client relationship is created or intended.


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