H1B COS-Looking for right advice

[devashish1]

I have a valid H1B stamped on my passport and I94 expires in next 3 months. 6 months back I applied for change of status and after layoff to H4 which was approved. 2 months back got a project and this company applied for my COS under premium process. The legal team at this company told that I can start working from the receipt date and I joined project at client. I received a RFE requesting for client letter and work order. Which was provided to USCIS 2 weeks back and my COS was approved. 

 

So my H1 company is now ready to do my GC as client likes my work and they have extended the project for a year. I was looking online to learn about GC process and came across a thread that said you cannot work until COS is approved. Company legal team said I can work after they receive the receipt because I have a valid I94 for previous H1B (valid till mid 2013). 

 

But I would like to clarify that this is right from people who have been in same situation or from someone who works on immigration process day to day. 

 

Please let me know your thoughts.

 

Thanks for reading.

[omshiv]

You are good to go..your company's legal team are correct. You can usually start working once you have the Receipt.

[pontevecchio]

It is no longer possible to start work in H1 status while one is in H4 status before approval of the petition. The fact that you got an I94 with approval is favorable. Legal team can mean anything. You should at the very least discuss the matter with your own Lawyer to make sure your bases are covered.

[devashish1]

Thanks for the response guys. So as per Ponte reply, How I94 is favorable? Also, if its not possible to start work before approval and I did work then can I somehow correct it or take any steps that would not impact my furture immigration issues eg: My GC process or My spouse GC process (through her employer). What are your thoughts?

[pontevecchio]

That's why a Lawyer may help. The next time you come back with a new I94 the matter will cease to have any effect.

[devashish1]

Thanks Ponte for your help.