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H1B to H4 to H1B, start of work date/ sooner response. Thanks.

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  • H1B to H4 to H1B, start of work date/ sooner response. Thanks.

    Hi,

    I am currently requesting a cap exempt H1B application and COS from H4 to H1B. My original offer start date is scheduled to be 9/28/2015(next monday). The employer paid the premium processing fee for me and It was supposed to be approved by the end of this week within 15 calendar days, and I can start to work next Monday.

    However, something wrong with my premium processing. I just received the email receipt stating that the received date of petition is Today, and the 15 calendar days will start from today. Right now, it is almost impossible to get it approved this week and start working next Monday (09/28). It can be get approved any day within 15 calendar from now. My questions are:

    (1) Will the attorney receive email notification once approved?

    (2) Will the start date same as the approved date?

    (3) Do I must start working right upon the start date even without receiving the mail approval notice, since it usually take several days to receive the mail approval notice?

    (4)The date of receiving mail approval notice may be already later than the start date. If my employer doesn't allow me to start working without seeing the paper approval notice, is it legal for my status? Cause many people said I must start working exactly upon the start date with payroll.


    Any response will be appreciated. Thanks.

  • #2
    (1) Will the attorney receive email notification once approved?
    >>> Usually for a premium processing case, they should receive an email upon a decision is made. But there are cases where no email was sent by the decision was mailed later.

    (2) Will the start date same as the approved date?
    >>> Yes, unless the employer request a start date to be in the future. There will be an effective date on the approval notice which will indicate the H1B status effective date.

    (3) Do I must start working right upon the start date even without receiving the mail approval notice, since it usually take several days to receive the mail approval notice?
    >>> You ca begin working upon receiving the soft copy of the approval. Check to make sure the effective date is immediate. You can also wait until you receive the hard copy.

    (4)The date of receiving mail approval notice may be already later than the start date. If my employer doesn't allow me to start working without seeing the paper approval notice, is it legal for my status?
    >>> Yes. You are good.

    Cause many people said I must start working exactly upon the start date with payroll.
    >>> What if your petition is filed under normal processing? How can you start working immediately in such case without knowing whether the petition is approved or not without seeing the approval notice? You are fine.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you so much. Your reply is really helpful

      Thank you so much. Your reply is really helpful


      Originally posted by shervin143 View Post
      (1) Will the attorney receive email notification once approved?

      >>> Usually for a premium processing case, they should receive an email upon a decision is made. But there are cases where no email was sent by the decision was mailed later.

      (2) Will the start date same as the approved date?
      >>> Yes, unless the employer request a start date to be in the future. There will be an effective date on the approval notice which will indicate the H1B status effective date.

      (3) Do I must start working right upon the start date even without receiving the mail approval notice, since it usually take several days to receive the mail approval notice?
      >>> You ca begin working upon receiving the soft copy of the approval. Check to make sure the effective date is immediate. You can also wait until you receive the hard copy.

      (4)The date of receiving mail approval notice may be already later than the start date. If my employer doesn't allow me to start working without seeing the paper approval notice, is it legal for my status?
      >>> Yes. You are good.

      Cause many people said I must start working exactly upon the start date with payroll.
      >>> What if your petition is filed under normal processing? How can you start working immediately in such case without knowing whether the petition is approved or not without seeing the approval notice? You are fine.

      Comment

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