Joe Feise wrote:
> nettlebed wrote on 01/08/06 17:59:
>
>>> I was speaking to my bro-in-law and getting some confused messages
>>> about
>>> H1-B visas. Although he did originally get his visa in 2001.
>>>
>>> Apparently he started work as soon as his company filed an H1-B
>>> application
>>> for him and then left the country a few months later to get the
>>> visa
>>> stamped. I didnt think it was possible to work until you have
>>> the visa?
>>>
>>> Secondly, he says that nowadays if you move comapny, they have to
>>> apply for
>>> a new H1-B visa and you have to leave the company tp get it stamped
>>> - I
>>> thought you just need to get a transfer?
>>>
>>> Finally, he said that he had heard cases where people left the
>>> country to
>>> get a new H1 and were not allowed back in because their application
>>> for a
>>> green card was considered to be proof that they lied on their H1
>>> application
>>> i.e. they had prior intent on staying in the US.
>>>
>>> Can anyone please advise if any of the above comments are true?
>>
>> Technically this is unlawful. You can not work lawfully until you
>> have the visa in your passport, even if it has been approved.
>
>
> No, that is *not* true.
> A visa has meaning only when applying for entry in the US. The stay
> in the US is governed by the I-94. If the H1 approval notice
> contained an I-94 which gave his status as H1B, he could (and indeed
> had to) start working, as from that date on, his status was H1B.
So what you are saying is that if I was already in the US when I received an
H1-B approval, I dont need to wait until October to start working?
>> I don't believe this is correct. I think a transfer is possible.
>
>
> As stated above, the I-94 is what counts. If the I-94 is still valid,
> the person
>
> doesn't need a visa stamp.
>
> For a transfer, the person can actually start working for the new
> company when
>
> the receipt notice shows up.
>
> It is amazing how many wrong rumors are floating around.
>
>
> -Joe
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