Currently on H4, can I start work after I-797?

[bhavanagundaboina]

I am in the US on H4. My employer has agreed to sponsor my visa through the premium process. If applied and approved as mentioned the I-797 & I-94 will be given. Can I start work immediately after the I-797 is received?

[livliv]

I am in the US on H4. My employer has agreed to sponsor my visa through the premium process. If applied and approved as mentioned the I-797 & I-94 will be given. Can I start work immediately after the I-797 is received?

There will be a start date on the approval notice. You can start working from that date. If this is first time H1, the earliest start date will be Oct 1. This assumes that change of status was applied for and approved. Of course, after change of status is approved, you must begin working on the start date in order to maintain H1 status.

[JoeF]

An H1 would only start on Oct. 1. Until then, you are still on H4 and can not work.

[mbapro]

If its a new H1 then you can only start after Oct 1 2012.

[vanvi]

Hi JoeF,

My Wife is on H4 and she is filing for COS to H1B. As you mentioned in one of the posts that H1B will be valid from 1st of October and her status would be H4 till Oct1, Can she travel to India in June and come back before September on the existing H4 visa OR does have to go for the H1 Stamping..?

Please Advice.

Thanks

[JoeF]

Hi JoeF,

My Wife is on H4 and she is filing for COS to H1B. As you mentioned in one of the posts that H1B will be valid from 1st of October and her status would be H4 till Oct1, Can she travel to India in June and come back before September on the existing H4 visa OR does have to go for the H1 Stamping..?

If she travels before the H1 kicks in, she would have to get an H1 visa, or do an H1 COS again.

With an h1 visa, she could only come back up to 10 days before the H1 start date.

[livliv]

Hi JoeF,

My Wife is on H4 and she is filing for COS to H1B. As you mentioned in one of the posts that H1B will be valid from 1st of October and her status would be H4 till Oct1, Can she travel to India in June and come back before September on the existing H4 visa OR does have to go for the H1 Stamping..?

Please Advice.

Thanks

That is not recommended, since she will get a new I-94 on returning and whether the previously approved change of status remains valid or not becomes a matter of confusion, there is equally valid and authentic arguments on both sides. If she has to travel, she should obtain H1 Visa and return in H1 status.

[chakrakr]

If she travels before the H1 kicks in, she would have to get an H1 visa, or do an H1 COS again.

With an h1 visa, she could only come back up to 10 days before the H1 start date.

Not quite true. See this http://www.murthy.com/print/n_cosapp_P.html . specifically -- "USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "

[Monk1910]

I have a question on the same lines.

Would it then be advisable to apply for a H1 without COS and then come back to the US on H4 before October 1st and then apply for a change of status from H4 to H1. If so, roughly how long would the change of status take ? Is there premium processing available for that as well?

[JoeF]

That link also states that this is a guidance and not legally binding.

So, it is still a bad idea to travel, even if it may work.

[livliv]

Not quite true. See this http://www.murthy.co...n_cosapp_P.html . specifically -- "USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "

While the above may be true. There still are equally compelling and authentic arguments on both sides. Why unnecessarily create a confusion about your status? Better option is to just not travel at all or travel and return with H1 Visa.

[chakrakr]

That link also states that this is a guidance and not legally binding.

So, it is still a bad idea to travel, even if it may work.

The link also says "Many complex issues of U.S. immigration law have only such letters as this on which people can rely on in the absence of law or regulations. "

If you start ignoring those as since these are "just guidance" many of the immigration processes will stall . Another example is AC21 for which the general consensus is one can quit job after 180 days of filing 485 whereas Yate's memo says one can quit even before 180 days .

While you have a theory that one need to H1 COS again , you do not have a supporting law or regulation .

Things are complex and at any point words of a lawyer has more weight than that of a layman.

[chakrakr]

While the above may be true. There still are equally compelling and authentic arguments on both sides. Why unnecessarily create a confusion about your status? Better option is to just not travel at all or travel and return with H1 Visa.

I normally prefer to go by Attorney's view rather than those of layman. And while it is possible to have a "equally authentic argument " on other side, you will make your position stronger if you can cite at least one such "equally authentic argument"

While it may be better to not to travel now and return only when H1 kicks in , there might be complelling reason to travel now.

[JoeF]

While the above may be true. There still are equally compelling and authentic arguments on both sides. Why unnecessarily create a confusion about your status? Better option is to just not travel at all or travel and return with H1 Visa.

Indeed. Why make it complicated, messy and potentially dangerous when it can be simple and easy?

[JoeF]

While it may be better to not to travel now and return only when H1 kicks in , there might be complelling reason to travel now.

Sure. And then get an H1 visa and return with that. Nothing wrong with that...

Easy procedure, easy to follow.

No need to make things complicated by returning with the old visa and hoping that some advisory doesn't change in the meantime (or even retroactively, as some immigration laws have.)

[chakrakr]

Indeed. Why make it complicated, messy and potentially dangerous when it can be simple and easy?

People might have compelling reason to travel before H1 kicks in. And while the "potential" issue might be an argument, all I wanted to highlight is --- Attorneys do not say she will have to get an H1 visa, or do an H1 COS again.

If the area is a gray area without clear regulation that should be best left to the attorneys rather than layman.

[vanvi]

Thank You!! all for your response.

[chakrakr]

Sure. And then get an H1 visa and return with that. Nothing wrong with that...

Easy procedure, easy to follow.

You are forgetting something. To return on H1, she will have to wait till 10 days before start of H1 (aka last week of September).

No need to make things complicated by returning with the old visa and hoping that some advisory doesn't change in the meantime (or even retroactively, as some immigration laws have.)

You also seem to miss what was written by Murthy lawyers -- "We also find that the USCIS and Legacy INS have given considerable weight to such guidance letters and enforced them"

[JoeF]

If the area is a gray area without clear regulation that should be best left to the attorneys rather than layman.

It is always a good idea to avoid the gray area. KISS - Keep It Simple, St*pid.

[chakrakr]

It is always a good idea to avoid the gray area. KISS - Keep It Simple, St*pid.

With your brilliant analysis, the safest approach is to sit home and never go for H1. Posing to be an expert and spreading half baked does not help any body. If you did not know about the guidance, admit it rather than trying to come up with your St*pd theories.

[chakrakr]

No need to make things complicated by returning with the old visa and hoping that some advisory doesn't change in the meantime (or even retroactively, as some immigration laws have.)

Anything can change .... including all of immigration law (as you yourself mentioned). So the safest bet is to sit home -- never even think of H1/L1/B1 etc. I agree to your brilliant theory !

[JoeF]

Ahh, your favorite pastime, JoeF-bashing...

When will you learn that it doesn't work?

[chakrakr]

Ahh, your favorite pastime, JoeF-bashing...

When will you learn that it doesn't work?

You seem to have a paranoia. Everytime I find a hole in your arguments you come up with this bashing theory.

I am just laying the facts supported by Attorney Muthy. When will you learn that grown ups admit their mistake (and learn from it). You did not know about that guidance -- not a big deal , but admit it instead of going through the bashing theory and what not. Grow up .