Currently in US as B1, but just got H1B approval. Can I start to work now?

[Jianfei Fei]

Didn't your employer file H1 as a COS?

I'm not sure. If they did, can I see any difference from my I797B?

[raghvi]

could I apply for a COS so I can start work once it's been approved?

Didn't your employer file H1 as a COS?

[Jianfei Fei]

Well then that's what you got to do in order to move to H1. Leave US and apply for a H1 visa at the US consulate in your country. You should also plan to leave before your B1 I94 expiry.

This my opinion not legal advice

could I apply for a COS so I can start work once it's been approved?

[raghvi]

It doesn't have one. My date on I797B is 10/1/2016 to 9/22/2019. Receipt date is Apr 7, Notice date is Apr 14. And the bottom is an portion for applying for visa or admission to the U.S. Not an I94.

Well then that's what you got to do in order to move to H1. Leave US and apply for a H1 visa at the US consulate in your country. You should also plan to leave before your B1 I94 expiry.

This my opinion not legal advice

[Jianfei Fei]

What's the date on your I797? Does it have an I94 at the bottom?

It doesn't have one. My date on I797B is 10/1/2016 to 9/22/2019. Receipt date is Apr 7, Notice date is Apr 14. And the bottom is an portion for applying for visa or admission to the U.S. Not an I94.

[raghvi]

Hello everyone,

My case is kind of complicated. I used to have H1B but my old company went down of business. Then I came back to US early this year to seek job as B1. A new company is going to hire me and applied me H1B visa transfer. I got the transfer last week.

The situation is that now I am in the US with B1 which is good till end of June 2016, my new H1B is approved and the start date on it is Oct 1 2016.

Can I immediately start to work?　Or I have to go back to home , wait till Oct 1?

Some says I can stay and my new H1B status override my B1 status. And I can ignore the start date of Oct 1st because my new H1B was transferred from a valid old H1B.
Some says I have to go back get visa stamp and reenter on Oct 1.

Thank you!

What's the date on your I797? Does it have an I94 at the bottom?

[Jianfei Fei]

Hello everyone,

My case is kind of complicated. I used to have H1B but my old company went down of business. Then I came back to US early this year to seek job as B1. A new company is going to hire me and applied me H1B visa transfer. I got the transfer last week.

The situation is that now I am in the US with B1 which is good till end of June 2016, my new H1B is approved and the start date on it is Oct 1 2016.

Can I immediately start to work?　Or I have to go back to home , wait till Oct 1?

Some says I can stay and my new H1B status override my B1 status. And I can ignore the start date of Oct 1st because my new H1B was transferred from a valid old H1B.
Some says I have to go back get visa stamp and reenter on Oct 1.

Thank you!