H-1 B cap exempt to F- 1 and from F-1 to H-1 B

[vikramrathode.r]

Hello

I was working for a University previoulsy after completing my Master Degree and my employer has filed for a H1-B Cap-exempt in 2011 and it got Approved. so my status changed from F-1 to H-1B .After couple fo month the University laid off all the IT employees......By the time I can find a new employer and file for H-1B cap subject the qouta got filled ............to be in status I shifted to F-1 status and got my change of status approved .Now I have got a employer who is willing to file my H-1B but I have the following Questions

1.If my H-1b is filed on April 1 ,with premium processing and if its gets approved in couple of days,Can I start working as soon as my new H-1B gets aprroved and not wait until October 1 start date

or

Is it ok to start working as soon as I receive a receipt notice and work.

Thanks

vikram

[nupuraggarwal]

There are a lot if posts regarding this on this forum and no one has really given a concrete answer.

You will either have to wait until October or you can work concurrently with your present employer and new employer until october. These are really the 2 solutions to THIS problem

There are some cases where lawyers can suggest you to start working on receipt notice but there is a huge amount of risk in it and all the lawyers I consulted with told me to wait until october. It becomes tricky on how you can convince you new employer to wait for you for 6 months! Good Luck!

[toashishmantri]

i guess your change of status will be done from October 1st..... so till then you will be still on f1....can u work on f1?

[vikramrathode.r]

I don think so..to work on F-1 either I should have CPT or OPT ..I have non currently.Thanks for the info guys