Legal Question in Immigration Law in California

Re: H4-H1-B visa transfer and validily of H1-B visa , if not absorbed by company

If your H-1B has been approved in January, then you're now in H-1B status. Yes, a new employer has to file a new H-1B petition for you. However, you can start employment with the new employer once that petition has been filed, as long as it's not a frivolous petition. If the petition is later denied, then your employment must cease.

Liem Doan, Esq.

Further Re: H4-H1-B visa transfer and validily of H1-B visa , if not absorbed by

Further to my first reply, I have to add that an employer has the obligation to start paying the H-1B wages no later than 60 days from the effective date of your change of status from H-4 to H-1B. Thus, you might have a claim here for wages from this company since January 26, 2001 if you were available for work since that time.

It's not clear if your newly-acquired H-1B status has lapsed -- that may depend on whether the company has notified the INS that they cannot hire you. Even if it has lapsed, you still have your H4 status as long as the principal alien (most likely your spouse) is still maintaining his or her H-1B status. Regardless, you should move fast to find new employment with another company and have them file the new H-1B petition for you as stated in my first reply.