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Am I eligible to legally work in this scenario?

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  • Am I eligible to legally work in this scenario?

    I came to US on H4. Had a cap exempt petition earlier so an Employer A did a COS to H1. Due to some reasons after 2 years I came back to H4. Now Employer B is filing a COS back from H4 to H1 and asking me to start working after the receipt notice; since I already had H1 B earlier. His immigration attorney also suggests that I can work after the receipt date. Is that legal? I am worried what if COS gets an audit or gets denied. Please advice. Thanks!

  • #2
    That is not allowed. You cannot work until the COS to H1B gets approved. Until the COS gets approved, you will remain to be in H4 status and working in H4 is not allowed. You are allowed to work on the receipt notice only when you are filing a H1B transfer from one employer to another because in that case you are already in H1B status. If the employer is in hurry, then ask them to file the COS in premium process.
    Not a legal advice. Use of this information is strictly at your own risk.