West Chester, PA asked in Immigration Law for Pennsylvania

Q: 12/6/17,New H1B approved,but out of job & applied H4,received H4receipt 1/19/2018. Can new employer do H1B transfer

never worked on H1B pursuant to H1B approval notice.

My H1B petition was approved on 12/6/17 as COS and at that time I was out of job. I filed for H4 and received receipt dated 1/19/2108. Now on 7/27 I interviewed and was offered a full time role at a global bank. Can there be any possible concerns to start working for this bank as I never worked on my H1B. I did remain in H1B status roughly for about 40 days.

I am asking this because, the Immigration Team of this global bank asked “Please confirm if the candidate worked in the US in H-1B status pursuant to the H-1B approval notice provided.” I was highly anxious and hence writing to you.

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1 Lawyer Answer

Noah Klug

Answered
  • Immigration Law Lawyer
  • New York, NY

A: This is a gray area. The immigration team is correct that if you never "activated" your H-1B by working for your H-1B employer for even one day, then it is questionable whether you ever technically held the H-1B status and were counted against the cap.

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