H1 to H4 to H1


mmittapa

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Hi,

I had been working on H1 till September, 2011, and I went to stamping in india this October where I got the refusal. The notice was sent to USCIS to reject or revoke. The petition hasn't been denied/revoked yet. After that I applied for H4 on my husband visa and got it approved. Now I am travelling to USA on that and my employer is ready to do a fresh H1B immediately since the client job is still there. I work in EC model. My question is, can I start working as soon as I get the receipt or do I need to wait for approval?

My employer's attorney says that liberal interpretion of the LAW allows me to start working on the receipt.

Thanks

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Hi,

I had been working on H1 till September, 2011, and I went to stamping in india this October where I got the refusal. The notice was sent to USCIS to reject or revoke. The petition hasn't been denied/revoked yet. After that I applied for H4 on my husband visa and got it approved. Now I am travelling to USA on that and my employer is ready to do a fresh H1B immediately since the client job is still there. I work in EC model. My question is, can I start working as soon as I get the receipt or do I need to wait for approval?

My employer's attorney says that liberal interpretion of the LAW allows me to start working on the receipt.

It used to be true, but not anymore.

USCIS now has the position that people who are not already on H1 have to wait for the H1 approval before starting to work.

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