Already in USA on H4 .Filing new H1B.When can i start work?

[Freethinker]

HI 

I am in USA on H4 visa with EAD . Found an employer who will sponsor my H1B for 2021. 

 

My questions .

1- The employer will be filling under new H1 Cap  or under Cap exempt ? (I never had any previous H1 approved )

 

2- If it is new H1 B Cap filling , Can i start work immediately once the H1 is receipt is obtained? or wait till October as that will be the start date of the H1?

 

 

Please confirm

Thanks

 

 

 

[pontevecchio]

1. You will be subject to the lottery/cap .

2. You can only start in October

if the petition is approved.

 

[LeaveMessageH1B]

20 hours ago, Freethinker said:

wait till October as that will be the start date of the H1?

This

[adshah84]

You will have to wait until your H1b approves. 

[metroguy]

1) you will be under cap quota.

2) you can only work after approval of h1b and not before 

[JoeF]

The H1 can only start on Oct. 1.

[Zodiac System]

If you have H4-EAD, you are already eligible to work.  If you get selected in H1b lottery you can continue working on your new status from the start date mentioned on the Approval notice i.e. October 01.

Let us see what other experts advise.

 

[gopalakrishnach]

1. In CAP. In lottery.

2. I feel wait till Oct.