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

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

    I had an approved and stamped H1-B visa which was never utilized since i quit from my previous companyin 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.

  • #2
    That is not correct. You need to have change of status approved before you can begin. Starting on receipt is only applicable if you are already in H1 status.
    This is my opinion and not legal advice.

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