Applying for H1 visa. When can I start working?

mlfraga

New Member
Hi,

I am currently in the US on a J1 visa (I'm a postdoctoral scientist) and I got a job offer from a company, so we just started applying for an H1 visa (premium processing). My passport says the 2 yr rule does not apply. The problem is, they need someone to start working immediately, and this is why they paid for the premium, but now the lawyer says I still won't be able to start working until Oct '06. Is this true? Is there any way to start earlier?.

If all the people applying now, before the quota is reached, cannot start working until OCT I don't really understand why they offer premium processing. I'm afraid the company will not be willing to wait until Oct to hire someone.

Also, since my J1 visa is valid until Dec '06, can I still travel under that visa while my H1 is being processed?

Please help!!!
 
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mlfraga said:
Hi,

I am currently in the US on a J1 visa (I'm a postdoctoral scientist) and I got a job offer from a company, so we just started applying for an H1 visa (premium processing). My passport says the 2 yr rule does not apply. The problem is, they need someone to start working immediately, and this is why they paid for the premium, but now the lawyer says I still won't be able to start working until Oct '06. Is this true? Is there any way to start earlier?.

If all the people applying now, before the quota is reached, cannot start working until OCT I don't really understand why they offer premium processing. I'm afraid the company will not be willing to wait until Oct to hire someone.

Also, since my J1 visa is valid until Dec '06, can I still travel under that visa while my H1 is being processed?

Please help!!!

New H1 quota starts from 1st Oct 06. As you need new H1 visa you can not start working before 1st Oct 06. Premium processing is useful to get faster decision on your H1 even though you are not eligible to work before 1st Oct 06. Change of status (COS) would be abandand if you travel while your H1 COS petition is pending. If you get your H1 approved then you can travel on J1. Even though it is not must but it is advisable to stamp H1 in your passport before you start working for the approved H1.
 
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