COS from K VISA(Fiance) to H1

[Bob_86]

Hi Folks,

 

If one enters US with K VISAS( Fiance VISA) and applied H1 (H1 was denied and left country). If H1 is applied can one start working right away or should one wait till it gets approved and go out of country and get stamped H1 VISA and then can start work or what is the process? Please let me know. Appreciate your help.

 

Thank you.

[jairichi]

If it is a cap subject H1B then one has to wait till Oct 1st to start working provided H1B petition was filed and approved as COS (Change of Status) i.e. approval notice I797 has an I94. If not then beneficiary has to exit and enter US with a valid H1B visa and I797 to work for employer.