Poor jerrygreat, go and find a lawyer

You definitely can file H-1b transfer with your sitiation. Do not be misled by some immaginations.

For H-1b transfer, the requirements are:

1) you are in lawful status when the transfer is file;
2) you are previously granted a H-1b status.

You are in lawful status when you are in a valid nonimmigrant status (H/F/L....) OR you are waiting for your change of status. You are in lawful status because you have filed H-4 application and waiting for that result.

You can file H-1 transfer even after you are out of H-1 status for months becasue being H-1 status is not a requirement for H-1 transfer (this is a big different from H1 extension).

After filing cacelation of H4/tranfering H1 at the same time, you can work immediately. There is no gap for your "lawful status".

To avoid the cancelation of H4, as I pointed out, you can wait until H4 approval. You can still file H1 tranfer after you are being H4 status.

Check my words with any COMPETENT lawyers.

actually you can find the same answers from Internet; click the following websites (I hope someone will not think I am affiliated with those websites)

http://www.usavisanow.com/h1bvisafaq.html

http://www.immspec.com/h-1b-visa-transfer.htm

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所有跟帖： 

• 回复：Poor jerrygreat, go and find a lawyer -jerrygreat- ♂ (381 bytes) () 07/14/2008 postreply 07:55:51

• 回复：回复：Poor jerrygreat, go and find a lawyer -mylawyer- ♂ (243 bytes) () 07/14/2008 postreply 09:38:34