L1B to H1B COS - Please help (Urgent)

[dev2design]

I am currently working in L1B visa and a new employer is applying L1B to H1B COS for me. I had an old H1B within last six years so they will be using that to file a cap exempt petition.

My question is when can I join the new company? The attorney representing the company is saying I need NOT wait for the approval but can join as soon as USCIS accepts the petition.(AC21 act or so).

I want your opinion about the legality of the above statement. Can AC21 used in my case since I am currently in L1B status. Also is it risky since if H1 gets denied I wont have L1/H1 and will be out of status.

Please help!

[itsshanks]

I believe AC21 is applicable in case of green card (like approved I-140). I believe what your attorney meant that you can start working as soon as USCIS issued a receipt notice for your petition, which is correct. And yes you're right, its a risk you'll be taking as receipt notice doesn't mean approval. However, you can ask your attorney/company to file the application under "premium processing" for which USCIS guarantees a response within 2 weeks. If you get a RFE (response for evidence), it also gets processed in two weeks after response is provided by the attorney's office. All in all, its very fast and costs $1225 and it's legal for the beneficiary (you) to pay the premium processing fees, if the company doesn't want to bear the cost.

[dev2design]

So it is legal to start working after USCIS issues a receipt notice even though I am not in H1B status now? Some people say you need to be in H1 status currently to start working once receipt is generated.

Like you suggested, I am pushing them to apply Premium processing (I will bear the cost) and join only after approval. !

I believe AC21 is applicable in case of green card (like approved I-140). I believe what your attorney meant that you can start working as soon as USCIS issued a receipt notice for your petition, which is correct. And yes you're right, its a risk you'll be taking as receipt notice doesn't mean approval. However, you can ask your attorney/company to file the application under "premium processing" for which USCIS guarantees a response within 2 weeks. If you get a RFE (response for evidence), it also gets processed in two weeks after response is provided by the attorney's office. All in all, its very fast and costs $1225 and it's legal for the beneficiary (you) to pay the premium processing fees, if the company doesn't want to bear the cost.