by Thor » Mon Nov 28, 2016 5:40 pm
Hi,
I will assume that you are currently in H4 visa status.
Your employer will sign and file the H1B petition for you. The petition should be filed only if the employer actually plans to eventually employ you. If the employer does not plan to employ you starting October 01, 2009(due to visa cap issues for initial H1B filing, the petition should be filed at the beginning of April with employment start date of October 01, 2009), the petition should request "consular processing" as opposed to change of status(COS). With consular processing requested, your H1B status will be activated only if you apply for and receive H1B visa stamp from a U.S. Consulate abroad based on H1B approval issued by the USCIS. After entry to the U.S. using H1B visa stamp, you should start working for the H1B employer in order to avoid violating H1B status. You are responsible for paying all taxes.
Regards,
Ajay K. Arora, Esq.
www.H1B1.com