Originally posted by Sasibhushan
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Could you please clarify the following queries?
Case1: if applicant have valid H4 visa and filed H1B from outside US as normal consular process but not yet approved
a) Can applicant travel to US with H4 without impacting in progress H1B application? --Yes
b) Can applicant apply premium processing and change of status (COS) same time after enter into US on H4? What will be the fees? -- Not at the same time. Both will be separate.
c) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- One can and must start working after COS is approved and effective.
Case2: if applicant travel to US on H4 and filed H1B as change of status (COS)
a) Can applicant file H1B and COS on same time as premium processing? -- Yes. If the beneficiary is in the US at the time of filing, the employer can file with change of status and also request premium processing.
b) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- The employer can and must start working form the effective date of that petition. If filed under next year's cap, it will be Oct 1. If filed under previous year's cap or cap-exempt, immediate effective date can be requested.
Case1: if applicant have valid H4 visa and filed H1B from outside US as normal consular process but not yet approved
a) Can applicant travel to US with H4 without impacting in progress H1B application? --Yes
b) Can applicant apply premium processing and change of status (COS) same time after enter into US on H4? What will be the fees? -- Not at the same time. Both will be separate.
c) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- One can and must start working after COS is approved and effective.
Case2: if applicant travel to US on H4 and filed H1B as change of status (COS)
a) Can applicant file H1B and COS on same time as premium processing? -- Yes. If the beneficiary is in the US at the time of filing, the employer can file with change of status and also request premium processing.
b) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- The employer can and must start working form the effective date of that petition. If filed under next year's cap, it will be Oct 1. If filed under previous year's cap or cap-exempt, immediate effective date can be requested.
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