H4 to H1 filed under H1 cap exempt - when can I start working

Josin

By Josin,
in H1B : H-4 Issues

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Josin Newbie

Josin

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I had an approved and stamped H1-B visa which was never utilized since i quit from my previous company in india. I came to US in feb 2012 on H4 visa.

Now in Aug 2013 A consulting company here in US filed a cap exempt H1-B transfer I-129 through Premium processing.  And the consulting company has informed me that I can start working immediately after filing the case to USCIS, before getting the approval of H1 status.

Please let me know if this is true?

as per my understanding I have to wait till I get approved H1 status before i canI start working. Could anyone please confirm please.

Thanks

Josin

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chakrakr Advanced Member

chakrakr

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Technically you can start working once you get the Receipt. But its not advisable to until the H1 gets approved.

 

That is not right.    OP would have been able to start working on H1 had he/she been in H1 status before that.   In this case, OP had never been on H1 status and must wait for H1 approval before starting work

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JoeF Advanced Member

JoeF

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Omshiv, Please note chakrakr's reply which is the correct one.

Actually, even that is not quite correct.

A person who currently is in H1 status and has an H1 transfer to another company can work for the new company with just the receipt.

A person who currently is NOT in h1 status, even if such person has been in H1 status some time in the past has to wait for the H1 approval before starting to work for the company.

In other words, if there is a COS involved, the person has to wait for the H1 approval before starting to work.

 

In this case, the OP is in H4 status. Therefore, the OP has to wait for the H1 approval before starting to work.

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