mmittapa Posted November 7, 2011 Report Share Posted November 7, 2011 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 Link to comment
JoeF Posted November 7, 2011 Report Share Posted November 7, 2011 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. Link to comment
JoeF Posted November 7, 2011 Report Share Posted November 7, 2011 See You have to wait for the H1 approval. Link to comment
pontevecchio Posted November 7, 2011 Report Share Posted November 7, 2011 Your Employers Lawyer is wrong. Yes, it used to be the case before. Not any longer. Do you really want to work for an employer who cannot provide specific documentation for your visa stamp? Yes, if he refiles with COS from H4 and gets it approved you can start work only after approval. The Lawyer is WRONG. Link to comment
lakhan Posted November 16, 2011 Report Share Posted November 16, 2011 guys I have a similiar issue. though I didn't went for stamping while in India and returned on H4 rather. (i.e H4(stamped)->H1(approval notice)-H4(i-94) Now do I need the the 65k Quota to apply for H1 again? Link to comment
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