h4 to h1 COS - am i eligible to work before October 1st

[SiriG1]

Hi all

I am planning to get my H1B petition processed through a consultant.
I am right now on H4 status and in US.
Consultant says once we get a project, we would file H1B petition in premium processing and we might get approval in 10-15 days.
And then i can start working immediately even before 1st of October.
Is it possible and legal.
Can you guys please help me by throwing some light on this.
Please reply ASAP.

Thanks!!

[shervin143]

Did you previously had an H1B petition approved on your behalf in which you haven't used all 6 years in that CAP? If the answer is NO, then the new H1B petition has to be filed under a brand new CAP and the H1B effective date cannot be earlier than Oct 1st.

[SiriG1]

This is the first time i am applying for H1B petition.
Seems like consultants are just trying to make money which actually might put me into difficulties at later point of time.
Thanks for answering!

[shervin143]

Well, in that case your H1B will be effective only after Oct 1st. Any employment prior to your H1B effective date will be considered illegal.

This is the first time i am applying for H1B petition.
Seems like consultants are just trying to make money which actually might put me into difficulties at later point of time.
Thanks for answering!

[SiriG1]

ok, thanks a lot for the info. Its helpful.