H1B portability issue

[kalps7]

I was on H1B previously and changed my status to F1 and graduated in May '11. I wanted to resume my previous H1B as I got a job offer and my new employer filed H1B petition and suggested I am eligible for H1B portability. That is I can start working as soon as I receive H1B receipt notice. Accordingly I started working in June when I received H1B receipt notice.

Recently I was reading about H1B portability and came to know that I am not eligible to work until I get H1B approved. Apparently my employer misunderstood some of the portability rules. Unknowingly I started working on my employer's assurance.

I stopped working now. My H1B is still under processing. What are the consequences of this issue? Will my H1B be rejected because of this mistake? How can I fix this issue?

Your suggestions would be appreciated.

Thank you very much.

[linking90]

From what I am aware, you can begin working once you recieve your H1B receipt notice.

[pontevecchio]

You should talk to a Lawyer. The USCIS only recently changed its stand on H1 Portability. You may be OK.

[kalps7]

Thank you very much. I will try to contact an attorney regarding this situation.

[h1bdropbox]

Hi Kalps,

Did you find out from the attorney about your case? I may be in same situation. Please let me know.

Thanks.

[nsd1983]

I am in the same boat and I am continuing to work.. Is it illegal? Why told you to stop working? Your lawyer? There are so many mixed reviews on portability issues that it will confuse us.

[Edmon]

In May, 2011, USCIS provided clarification about H1B portability. As far as I am aware, you can only utilize H1B portability if you are currently on H1B. For example, if you were on H1B and worked for 2 years. Then you decided to go for Full-time MBA on F1 and one year. upon completion of your MBA, you are ready to join an employer on H1B visa - YOU CAN NOT USE H1B PORTABILITY.

Also, check the first topic here:

http://www.murthy.com/mb_pdf/051311_P.html