My friend got selected in h1b lottery and waiting for approval… mean while he was looking for a permanent job as he applied for ead and waiting for that.
Can I apply for H1B transfer after H1B approval (Picked in lottery)?
He want to transfer h1b to an permanent job employer instead of working for the consultant who processed h1b.
Is it possible to change employer immediately after h1b approval and change the status to new employer instead of the one who processed the visa. he is currently in h4 and inside united states.
Do we have to work for initial H1B employer for some days before filing H1B transfer?
Is it necessary that he should work atleast for few months and then only he can transfer because he is afraid that the consultant can revoke his h1b as he is not working for him.
Can the H1B transfer employer do the H4 to H1B conversion?
Another question is whether the consultant who processed the visa should do h4 to h1 conversion or the new employer can also do the conversion. Does he have any negative impact in leaving the consultant or he should work for consultatnt and later he can switch. Which is more recommended.
Apply for H1B transfer after H1B approval in lottery?
Yes, he can apply for H1B transfer to new employer once his H1B is approved.
Waiting time before applying for H1B transfer after lottery
Yes, it is recommended that one should wait till the start date of H1B with current employer to file for H1B transfer.
For example, if the H1B start date is given as Oct 1, then at-least wait till Oct 1 to file the transfer application.
USCIS these days is pretty strict with H1B.
Change of status from H4 to H1B
The current H1B application, if approved, will change the status from H4 to H1B automatically on start date mentioned on H1B approval.
Negative impact of changing H1B employer
There is no negative impact on leaving the H1B consultant or H1B employer.
Everything depends on the paperwork submitted by each employer separately.
If documents are good, nobody cares.
Few more queries
How to check start date of H1B?
How to check the start date on H1B. He has only the lottery approval notice and it doesnt mention anything in that receipt.
Do we have to file H4 to H1B separately after H1B approval?
Two things you have mentioned… first one is to file transfer application and other is h4 to h1b cos automatically. Will the cos done automatically after h1b approved or the consultant has to file the transfer application physically to convert h4 to h1b. how does it work.
Can we work on H4-EAD and convert to H1B when required?
Can he work on h4 ead and doesnt transfer from h4 to h1b untill the rule is close. If he work in h4 ead for one year…is it possible for him to use the same h1b approval and convert it later with a new employer …What is the recommended option.
H1B start date is mentioned on i797 approval form
Start date will be mentioned on the H1B i797 approval form. Your employer will receive it. You have to ask them.
Has your friend received the final H1B approval or just the lottery result?
H1B change of status happens automatically on start date
When you file H1b in lottery from within US, you have the option of filing the application with either ‘Change of Status’ or ‘Consular processing’.
If your employer has filed H1B with ‘Change of status’, then H4 to H1b conversion will happen automatically on H1B start date.
There is no need to file separate h4 to h1b application in that case. Ask your employer which kind of application did he file.
Working on H4 EAD and changing status to H1B
As I already mentioned, status change from H4 to H1B will happen automatically.
If he/she wants to keep working on H4 EAD, he will have to apply for H1B to H4 status explicitly after H1B approval.
H1B can be used anytime by applying for ‘change to status’ to H1B as you wish.